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Patna High Court

Shailesh Kumar @ Bhondu ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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