Patna High Court
Ganga Prasad UranwversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the seizure did not establish conscious possession of the petitioner.
Summary
The petitioner, Ganga Prasad Uranw, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 85 litres recovered from a straw house that was open to the public. He argued that the liquor was not in his conscious possession and that his inclusion in the case was politically motivated, asserting a clean antecedent. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined whether the recovery of liquor from an open straw house could be deemed possession sufficient to deny bail. Finding that the seizure did not prima facie establish possession and noting the petitioner’s clean record, the court granted anticipatory bail subject to bond and sureties. The bail order was conditioned on surrender within four weeks and compliance with Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the recovery of illicit liquor from an open straw house constitutes conscious possession of the petitioner for the purpose of denying anticipatory bail
- Whether anticipatory bail under Section 438 of the CrPC should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
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
- Section 30
- Bihar Prohibition Act
- CrPC
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 42924 of 2026
Arising Out of PS. Case No.-220 Year-2025 Thana- PRATAPGANJ District- Supaul
======================================================
Ganga Prasad Uranw, S/o Late Chathru Uranw, Resident of village -
Imampatti, Ward No. 09, Police Station - Pratapganj, District - Supaul
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Advocate
For the Opposite Party/s : Mr. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 02-07-2026 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 S.T. Excise No.
3069 of 2025 arising out of Pratapganj P.S. Case No.220 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 85 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
Patna High Court CR. MISC. No. 42924 of 2026(2) dt.02-07-2026
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the straw house of the petitioner, which is an open 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 the
petitioner’s name has been falsely implicated in the present
case due to dirty village politics. 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 Judge, Excise Court No.-2, Supaul
in connection with S.T. Excise No. 3069 of 2025 arising out
Patna High Court CR. MISC. No. 42924 of 2026(2) dt.02-07-2026
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of Pratapganj P.S. Case No.220 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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