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Patna High Court

Ganga Prasad UranwversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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