Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery of illicit liquor was not prima facie made from the petitioner's possession and therefore granted anticipatory bail.
Summary
The petitioner, Sonu Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, with 55 litres of liquor reportedly recovered from his cow yard. He contended that the liquor was not in his conscious possession, that the seizure list lacked independent witnesses, and that the premises were open to the public. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined whether the seizure amounted to prima facie possession and whether there was sufficient material to deny bail. Finding that the recovery did not clearly establish the petitioner's possession, the court granted anticipatory bail, directing release on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances.
- Whether the seizure of illicit liquor constitutes prima facie possession by the petitioner.
- Whether the material on record justifies denial of bail.
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Code of Criminal Procedure (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- seizure
- Section 30
- Bihar Prohibition Act
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43009 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- PIRO District- Bhojpur
======================================================
Sonu Kumar S/O Harendra Singh Resident of Village - Lahrabad, Police
Station - Piro, District - Bhojpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Akash Kumar Mishra, Advocate
For the Opposite Party : Mr.Ram Sumiran Rai, 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 Piro P.S. Case
No.23 of 2026 registered under Section 30(a) of 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 55 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
made from the bathan(cow yard) of petitioner which is an
Patna High Court CR. MISC. No.43009 of 2026(2) dt.02-07-2026
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open accessible to general public. It is also submitted that
petitioner is not in any way connected with the alleged
liquor. It is also submitted that recovery of illicit liquor was
not made from conscious possession of this petitioner. It is
also submitted that the seizure list also appears doubtful
being not supported by independent witnesses rather than by
police personnel. Explaining criminal antecedent, it is
submitted that the petitioner found involved in one criminal
case, where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, 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
Patna High Court CR. MISC. No.43009 of 2026(2) dt.02-07-2026
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No. II, Bhojpur at Ara, in connection with Piro P.S. Case
No.23 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.)
Aniket/-
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