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Patna High Court

Janki RajvanshiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the recovery of illicit liquor did not prima facie establish conscious possession by the petitioners.

Summary

The petitioners, four members of the Rajvanshi family, were implicated in an FIR under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly manufacturing and trading illicit liquor, with 75 litres recovered from a tank near petitioner No.3's house. They argued that the liquor was stored in an open area accessible to the public and that there was no conscious possession, also challenging the seizure list for lack of independent witnesses. The State opposed anticipatory bail. The court examined the factual submissions and noted that the recovery did not prima facie establish possession by the petitioners. Consequently, the court directed that, upon arrest or surrender within four weeks, the petitioners be released on anticipatory bail with a bond of Rs.10,000 and two 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 anticipatory bail can be granted when the alleged illicit liquor is not in the conscious possession of the accused.
  • Whether the seizure of liquor without independent witness testimony suffices to establish prima facie possession.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • possession
  • Bihar Prohibition Act
  • CrPC
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 42938 of 2026
                   Arising Out of PS. Case No.-48 Year-2026 Thana- NIMCHAKBATHANI District- Gaya
                 ======================================================
           1.     Janki Rajvanshi ,S/o Late Shiva Rajvanshi @ Late Shiv Rajbanshi
           2.    Vijay Rajvanshi, S/o Late Brihaspati Rajvanshi
           3.    Pintu Rajvanshi, S/o Sri Krishan Rajvanshi
           4.    Kamlesh Rajvanshi, S/o Sri Tuntun Rajvanshi
                 All are R/o Village - Dhakani, PS - Neemchak Bathani, District - Gaya

                                                                                ... ... Petitioners
                                                      Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sharda Nand Mishra, Advocate
                 For the Opposite Party/s :      Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   02-07-2026                      Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioners are named in the FIR

                   and apprehending their arrest in connection with Neemchak

                   Bathani P.S. Case No.48 of 2026 registered under Section

                   30(a) of the Bihar Prohibition and Excise (Amendment) Act,

                   2022.

                                3. Allegation against the petitioners are to engage

                   in illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 75 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No. 42938 of 2026(2) dt.02-07-2026
                                            2/3




          the petitioners that the seized illicit liquor was recovered

          from a tank adjacent to the house of petitioner no.3, 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 petitioners. It is

          further submitted that seizure list also appears doubtful

          being not supported by independent witnesses rather than by

          police personnel. The petitioners claimed clean antecedent.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioners.

                       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 these

          petitioners, accordingly, the petitioners above-named, in the

          event of their 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) each with two sureties of the like amount each to

          the satisfaction of the learned Exclusive Special, Excise

          Court No.-2, Gaya Ji in connection with Neemchak Bathani
            Patna High Court CR. MISC. No. 42938 of 2026(2) dt.02-07-2026
                                                        3/3




                      P.S. Case No.48 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/-

U       T


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