Patna High Court
Upendra ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, as the recovery of illicit liquor was not prima facie from the petitioner's possession and procedural safeguards were lacking, anticipatory bail was warranted.
Summary
The petitioner, Upendra Chaudhary, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, with 37 litres recovered from his house. He contended that the house is joint family property, he had no conscious possession of the liquor, and the seizure violated Section 103(4) of the BNSS because no independent witness was present. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's physical possession. 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 and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the seizure of the alleged illicit liquor complied with Section 103(4) of the BNSS.
- Whether the petitioner had actual possession of the seized liquor.
- Whether the FIR and evidence suffice to justify denial of bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 103(4), 482(2)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- seizure
- joint family property
- Section 30
- BNSS
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43051 of 2026
Arising Out of PS. Case No.-177 Year-2026 Thana- Arwal District- Arwal
======================================================
Upendra Chaudhary S/o Late Rohan Chaudhary R/o Village- Makbulpur Raja,
P.S- and Dist- Arwal.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Paras Nath, Advocate
For the Opposite Party : Mr.Sucheta Yadav, 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 Arwal P.S. Case
No.177 of 2026 registered under Section 30(a) of Bihar
Prohibition and Excise Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 37 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 house of petitioner. It is also submitted that
Patna High Court CR. MISC. No.43051 of 2026(2) dt.02-07-2026
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name of petitioner arrayed solely for the reason that
petitioner is the owner of the house. It is argued by
petitioner that the said house is a joint family property. It is
also submitted that recovery of illicit liquor was not made
from conscious possession of this petitioner. It is further
argued that the requirement of Section 103(4) of the BNSS
has not been complied with, inasmuch as no independent
witness was associated with the search and seizure list and
the seizure witnesses were police personnel themselves.
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.43051 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,
Jehanabad, in connection with Arwal P.S. Case No.177 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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