Patna High Court
Bikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- BNSS — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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/-
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