Patna High Court
Kundan Singh @ Kundan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the seizure did not prima facie demonstrate the petitioner's possession, and therefore granted anticipatory bail.
Summary
The petitioner, Kundan Singh, 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 34.560 litres of liquor seized near a poultry farm. He contended that the liquor was found in an open area accessible to the public and that the seizure list lacked independent witnesses, arguing that he did not have conscious possession and that his name was mentioned only by the Mahal Chaukidar. The State opposed his request for anticipatory bail. The court observed that the recovery did not prima facie establish possession by the petitioner and, noting his clean antecedent, directed that he be released on bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 and two sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail was granted with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC
- Whether the seizure of illicit liquor establishes possession by the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- seizure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42888 of 2026
Arising Out of PS. Case No.-303 Year-2026 Thana- BANIAPUR District- Saran
======================================================
Kundan Singh @ Kundan Kumar Singh, S/o Shatrudhan Singh, Resident of
Village - Bhatwaliya, Police Station - Baniyapur, Dist. - Saran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashad, Advocate
For the Opposite Party/s : Mr. Akbar Ali, 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 Baniyapur P.S.
Case No.303 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 34.560 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
bushes near a poultry farm, which is an open place
Patna High Court CR. MISC. No.42888 of 2026(2) dt.01-07-2026
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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 the Mahal 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
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 Additional Sessions Judge-cum-Exclusive Special
Patna High Court CR. MISC. No.42888 of 2026(2) dt.01-07-2026
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Court Excise-I, Saran at Chhapra in connection with
Baniyapur P.S. Case No.303 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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