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Patna High Court

Bikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the recovery of illicit liquor was not made from the petitioner's conscious possession.

Summary

The petitioner, Bikash Kumar, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 for alleged illegal manufacture and transport of illicit liquor, with 43.5 litres recovered. He contended that his name was implicated only because his e‑rickshaw, driven by his employee, was used to carry the liquor without his knowledge and that the liquor was not in his conscious possession. The Additional Public Prosecutor opposed the grant of anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's direct possession, and the seizure list lacked independent witness support. Consequently, the court directed that the petitioner be released on anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties, 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 should be granted under Section 438 CrPC when the alleged illicit liquor was not in the petitioner's conscious possession
  • Whether the seizure of liquor without independent witness testimony suffices to justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Section 30
  • possession
  • bail bond
  • excise law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.43024 of 2026
                       Arising Out of PS. Case No.-136 Year-2026 Thana- RAJGIR District- Nalanda
                 ======================================================
                 Bikash Kumar S/o Vijay Kumar R/o Village - Hiraman Bigha, P.S -
                 Nardiganj, District - Nawada

                                                                                     ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr. Raj Kishor Prasad, Advocate
                 For the Opposite Party :         Mr. Navin Kumar Pandey, 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 Rajgir P.S. Case

                   No.136 of 2026 registered under Section 30(a) of Bihar

                   Prohibition and Excise Amendment Act, 2018.

                               3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 43.5 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that the name of petitioner arrayed solely for

                   the reason that petitioner is the owner of E-rickshaw bearing
Patna High Court CR. MISC. No.43024 of 2026(2) dt.02-07-2026
                                            2/3




          Registration No. BR27RA 3486, which was involved in

          carrying illicit liquor without the knowledge of petitioner. It is

          further submitted that petitioner’s vehicle was driven by the

          driver, namely, Sonu Kumar, who was apprehended on the

          spot and also the petitioner was not present at the spot. 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
            Patna High Court CR. MISC. No.43024 of 2026(2) dt.02-07-2026
                                                        3/3




                      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      Special   Judge,   Excise-II,

                      Biharsharif, Nalanda, in connection with Rajgir P.S. Case

                      No.136 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/-
U       T


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