Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- 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
- 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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