Patna High Court
Shailesh Kumar @ Bhondu ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery of illicit liquor was not made from the petitioner's conscious possession and therefore granted anticipatory bail.
Summary
Shailesh 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 (Amendment) Act, 2022, with 535 litres seized. He contended that the liquor was recovered from an open public area and not from his conscious possession, and that the seizure list lacked independent witnesses, relying only on villagers' statements. The Additional Public Prosecutor opposed his anticipatory bail. The court examined whether the material seized could be linked to the petitioner’s possession and whether the procedural safeguards for bail were met. Finding that the recovery was not demonstrably from the petitioner’s possession, the court directed that he be released on anticipatory bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under CrPC Section 438(2) and BNSS Section 482(2).
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the seized illicit liquor can be said to be in the petitioner's conscious possession.
- Whether the material evidence presented is sufficient to deny bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- seizure
- Bihar Prohibition Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41214 of 2026
Arising Out of PS. Case No.-221 Year-2026 Thana- BELAGANJ District- Gaya
======================================================
Shailesh Kumar @ Bhondu Chaudhary, S/o Late Ganauri Chaudhary, R/o
Village -Channa P.S Chandauti District -Gaya Ji
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar, Advocate
For the Opposite Party/s : Mrs. Pronoti Singh, 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 Belaganj P.S.
Case No.221 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 535 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered near
Ahra of Dalli Bigha, which is an open place, accessible to the
general public and, therefore, it cannot be said that the
Patna High Court CR. MISC. No.41214 of 2026(2) dt.25-06-2026
2/3
alleged recovery was made from the conscious possession 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 local villagers. The
petitioner has six criminal antecedent in which, he is on bail.
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-II,
Gaya Ji in connection with Belaganj P.S. Case No.221 of
2026, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.41214 of 2026(2) dt.25-06-2026
3/3
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.