Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to the stipulated conditions.
Summary
The petitioner Kanhaiya Kumar was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, with 95 litres of liquor seized. The petitioner argued that the liquor was recovered from an open field, not under his exclusive possession, and that the seizure list lacked independent witnesses, relying only on a co‑accused’s statement. The Additional Public Prosecutor opposed the grant of anticipatory bail. The court examined whether the facts established a prima facie case of possession and concluded that they did not, noting the lack of direct control over the seized liquor. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was made pending the petitioner’s surrender or arrest within four weeks.
Issues considered
- Whether anticipatory bail can be granted when the seized liquor is not shown to be in the petitioner’s exclusive possession.
- Whether the co‑accused’s disclosure statement alone suffices to implicate the petitioner under the Bihar Prohibition and Excise Act.
- Whether the petitioner is entitled to bail under Section 438 of the CrPC and Section 482(2) of the BNSS in the present circumstances.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- excise offence
- possession
- section 30(a)
- section 438 CrPC
- section 482 BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41205 of 2026
Arising Out of PS. Case No.-105 Year-2026 Thana- Bikramganj Excise District- Rohtas
======================================================
Kanhaiya Kumar, S/o Sri Bhagwan Singh, Resident of Village-
Parmeshwarpur, P.S.- Dawath, District- Rohtas
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Excise P.S.
Bikramganj Case No.105 of 2026 registered under Section
30(a) of the Bihar Prohibition and Excise Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 95 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that the seized liquor was recovered from an open
field. The field, being an open place accessible to the general
Patna High Court CR. MISC. No.41205 of 2026(2) dt.25-06-2026
2/3
public, cannot be said to be in the exclusive possession or
control of the petitioner. It is further submitted that seizure
list also appears doubtful being not supported by
independent witnesses rather than by police personnel. It is
also pointed out that the name of the petitioner surfaced
solely on the basis of the disclosure statement of the co-
accused, namely Chhotelal Kumar. It is also submitted that
nothing has been recovered from the conscious possession of
the petitioner. The petitioner has one criminal antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge, Excise-I,
Patna High Court CR. MISC. No.41205 of 2026(2) dt.25-06-2026
3/3
Rohtas at Sasaram in connection with Excise P.S.
Bikramganj Case No.105 of 2026, subject to the conditions
as laid down under Section 438(2) of the CrPC/under
Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.