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Patna High Court

Upendra ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        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,

                      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/-
U       T


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