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Patna High Court

Ravi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the alleged liquor was not recovered from the petitioner's possession and he has a clean antecedent.

Summary

Ravi Kumar was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly engaging in illegal liquor trade, with 3.78 litres of illicit liquor recovered from a motorcycle bearing registration No. BR05AQ-0984. The petitioner contended that the liquor was not in his conscious possession and that his name appeared only on the basis of a local watchman's disclosure, asserting a clean antecedent. The Additional Public Prosecutor opposed the grant of anticipatory bail. The court observed that the recovery was not made from the petitioner's physical possession and, considering his clean record, directed that he be released on bail upon surrendering within four weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. Consequently, anticipatory bail was granted.

Issues considered

  • Whether anticipatory bail should be granted when the alleged contraband is not found in the petitioner's physical possession.
  • Whether the petitioner's clean antecedent warrants bail under Section 438(2) of the CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • clean antecedent
  • CrPC 438
  • BNSS 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42766 of 2026
                     Arising Out of PS. Case No.-134 Year-2026 Thana- SANGRAMPUR District- East
                                                       Champaran
                 ======================================================
                 Ravi Kumar, S/o Late Bhola Prasad, Resident of village- Bhawani mauje P.s.-
                 Sangrampur, Dist.- East Champaran.
                                                                               ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                        ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :      Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-07-2026                        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 Sangrampur P.S.

                   Case No.134 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 3.78 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   petitioner that the alleged recovery was made from a

                   Motorcycle bearing Registration No. BR05AQ-0984. It is

                   further submitted that nothing has been recovered from the

                   conscious possession of the petitioner. It is also pointed out
            Patna High Court CR. MISC. No.42766 of 2026(2) dt.01-07-2026
                                                        2/2




                      that the name of the petitioner surfaced solely on the

                      disclosure made by a local Chaukidar. 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 Special Excise

                      Judge-I,     East     Champaran,         Motihari    in   connection   with

                      Sangrampur P.S. Case No.134 of 2026, subject to the

                      conditions as laid down under Section 438(2) of the

                      CrPC/under Section 482(2) of the BNSS.



    Raushan/-                               (Chandra Shekhar Jha, J)

U       T


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