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Patna High Court

Dhiraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the petitioner was not found to be in possession of the illicit liquor and had a clean antecedent.

Summary

The petitioner, Dhiraj Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 6.75 litres of IMFL recovered in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He contended that his only connection to the seized bike, of which he is the registered owner, did not amount to possession of the liquor, and he has a clean antecedent. The Additional Public Prosecutor opposed his request for anticipatory bail. The court observed that the recovery of liquor did not prima facie arise from the petitioner's physical possession and, considering his clean record, granted anticipatory bail. He was ordered to furnish 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.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC when the alleged illicit liquor was not found in his physical possession.
  • Whether ownership of a vehicle seized in connection with the case suffices to establish his involvement in the alleged offence.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • clean antecedent
  • Bihar Prohibition Act
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41942 of 2026
                         Arising Out of PS. Case No.-40 Year-2025 Thana- JAMUI District- Jamui
                 ======================================================
                 Dhiraj Kumar, S/o Triloki Ram, R/o vill - Kothiyabar Mahtadih, P.S.-
                 Domchanch, Dist- Koderma, Jharkhand
                                                                         ... ... Petitioner
                                                 Versus
                 The State of Bihar
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Ankita Kumari, Advocate
                 For the Opposite Party/s :       Md. Nazir Ansari, 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 Jamui P.S. Case

                   No.40 of 2025 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 6.75 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the petitioner has been implicated as an

                   accused solely on the ground that he is the registered owner of

                   the Bike alleged to have been seized in connection with the

                   present case. It is submitted that nothing has been recovered
            Patna High Court CR. MISC. No.41942 of 2026(2) dt.30-06-2026
                                                        2/2




                      from the conscious possession of the petitioner. The petitioner

                      claimed clean 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, who is a man of clean

                      antecedent, 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 Excise Court-

                      I, Jamui in connection with Jamui P.S. Case No.40 of 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.)
    Raushan/-

U       T


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