Patna High Court
Janki RajvanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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
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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
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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/-
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