Patna High Court
Guddu Nut @ Gudu NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that mere recovery of illicit liquor from an open public area does not establish possession, thereby justifying the grant of anticipatory bail.
Summary
Guddu Nut was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly manufacturing and trading illicit liquor, with 12 litres of liquor seized. The petitioner contended that the liquor was recovered from a public cradle (palani), an open area accessible to all, and that there was no proof of his conscious possession, nor independent witnesses to the seizure. The Additional Public Prosecutor opposed 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 anticipatory bail upon surrender within four weeks, furnishing a bail bond of Rs.10,000 with two sureties, subject to Sections 438(2) CrPC and 482(2) BNSS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the seizure of illicit liquor from a public place constitutes possession of the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether anticipatory bail is warranted in the absence of a prima facie case of possession.
Legislation cited
- Bihar Narcotic and Substance Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- possession
- illicit liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- seizure
- public place
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 42955 of 2026
Arising Out of PS. Case No.-132 Year-2026 Thana- JANTA BAZAR District- Saran
======================================================
Guddu Nut @ Gudu Nut, S/o Gautam Nut, R/o Village - Tajpur Tola Tar, P.S -
Janta Bazar, District - Saran at Chapra
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, 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 Janta Bazar P.S.
Case No.132 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 12 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
the palani (cradle), which is an open place, accessible to the
Patna High Court CR. MISC. No. 42955 of 2026(2) dt.02-07-2026
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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 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 Excise Court No.-III, Saran at
Patna High Court CR. MISC. No. 42955 of 2026(2) dt.02-07-2026
3/3
Chhapra in connection with Janta Bazar P.S. Case No.132 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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