Patna High Court
Sudhir Kumar @ Sudhir RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as the recovery did not prima facie establish his physical possession of the illicit liquor.
Summary
The petitioner, Sudhir Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 225 litres recovered in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that his name was listed solely based on local informants, that the liquor was seized from a gumti not belonging to him, and that he was not present at the seizure, thus lacking conscious possession. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's physical possession. Consequently, the court directed that the petitioner be released on bail upon surrender within four weeks, subject to a bond and sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail was granted pending further proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged illegal liquor possession.
- Whether the recovery of illicit liquor constitutes sufficient grounds for denial of bail under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41850 of 2026
Arising Out of PS. Case No.-990 Year-225 Thana- MANER District- Patna
======================================================
Sudhir Kumar @ Sudhir Rai S/O Surendra Rai R/O Village - Haldi Chapra
Badal Tola, P.S- Maner, Distt.- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Shruti Sinha, Advocate
For the Opposite Party : Mr.Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 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 Maner P.S. Case
No.990 of 2025 registered under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 225 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed solely on
the disclosure made by the local people. It is also submitted
Patna High Court CR. MISC. No.41850 of 2026(2) dt.30-06-2026
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that recovery of illicit liquor was made from gumti which
does not belong to petitioner. It is submitted that the
petitioner was not present at the spot when the illicit liquor
was seized by the police. It is also submitted that recovery
of illicit liquor was not made from conscious possession of
this petitioner. Explaining criminal antecedent, it is submitted
that the petitioner found involved in one criminal case, where
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 note of the 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 Excise Judge,
Danapur, in connection with Maner P.S. Case No.990 of
Patna High Court CR. MISC. No.41850 of 2026(2) dt.30-06-2026
3/3
2025, 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.)
Aniket/-
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