Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the seizure did not prima facie establish the petitioner's possession of the illicit liquor.
Summary
The petitioner, Raushan 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 Act, with six litres of liquor reportedly recovered. Counsel argued that the liquor was found in a public field, not in the petitioner's conscious possession, and that the seizure list lacked independent witnesses, casting doubt on the prosecution's case. The Additional Public Prosecutor opposed anticipatory bail. The court examined the factual submissions and noted that the recovery did not prima facie establish possession by the petitioner. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the alleged seizure of illicit liquor.
- Whether the seizure of liquor from a public field establishes conscious possession of the petitioner under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Negotiable Instruments and Security System (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41960 of 2026
Arising Out of PS. Case No.-182 Year-2026 Thana- GARDANIBAG District- Patna
======================================================
Raushan Kumar, S/o Sanjay Paswan, R/o Vill.- Shivpuri, Ambedkar Chowk,
Suman Medical Gali, P.S.- Gardanibagh, Dist.- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Rai, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, 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 Gardanibagh P.S.
Case No.182 of 2026 registered under Section 30(a) of the
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 06 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
a field, near Shivpuri, Ambedkar Chowk, which is an open
Patna High Court CR. MISC. No.41960 of 2026(2) dt.30-06-2026
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place accessible to the general public and, therefore, it
cannot be said that the 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 disclosure made by some unknown person. The
petitioner has one 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 Special Judge-Bihar Prohibition
and Excise-I, Patna in connection with Gardanibagh P.S.
Patna High Court CR. MISC. No.41960 of 2026(2) dt.30-06-2026
3/3
Case No.182 of 2026, 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/-
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