Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery of illicit liquor did not prima facie demonstrate the petitioner's conscious possession and the search was procedurally defective, warranting the grant of anticipatory bail.
Summary
The petitioner, Deepak Kumar, was arrested under Section 30(a) of the Bihar Prohibition and Excise (Amended) Act for alleged illegal manufacture and trade of illicit liquor, with 25 litres seized from his residence. He contended that the liquor was not in his conscious and exclusive possession and that the search 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 observed that the seizure did not prima facie establish possession by the petitioner and noted procedural deficiencies in the search. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail 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
- Does the seizure of illicit liquor establish the petitioner's conscious and exclusive possession under Section 30(a) of the Bihar Prohibition and Excise Act?
- Was the search and seizure conducted in compliance with Section 103(4) of the BNSS requiring an independent witness?
- Should anticipatory bail be granted to the petitioner under Section 438 of the CrPC and Section 482 of the BNSS?
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 103(4), 482(2)
- Bihar Prohibition and Excise (Amended) Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- illegal liquor
- anticipatory bail
- search and seizure
- possession
- Bihar Prohibition Act
- CrPC
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43056 of 2026
Arising Out of PS. Case No.-63 Year-2026 Thana- BELDOUR District- Khagaria
======================================================
Deepak Kumar, S/o Chitnarayan Prasad Yadav @ Chitranjan Yadav, Resident
of Village- Belanawad @ Bela Nauwad, P.S.- Bealdaur, District- Khagaria
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Prakash, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-07-2026 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 Beldaur P.S. Case
No.63 of 2026 registered under Section 30(a) of the Bihar
Prohibition and Excise (Amended) Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 25 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
the house of the petitioner. It is further submitted that no
Patna High Court CR. MISC. No.43056 of 2026(2) dt.06-07-2026
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recovery has been effected from the conscious and exclusive
possession of the petitioner, and there is no material on
record to establish his conscious possession of the alleged
illicit liquor. It is argued that Section 103(4) of BNSS has
not been complied with qua search of premises, inasmuch as
no independent witness was associated with the search and
seizure list and the seizure witnesses were police personnel
themselves. It is also pointed out that the name of the
petitioner surfaced due to previous enmity. The petitioner
has one criminal antecedent of similar nature, in which, 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 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
Patna High Court CR. MISC. No.43056 of 2026(2) dt.06-07-2026
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Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge Excise-II, Begusarai
in connection with Beldaur P.S. Case No.63 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.)
Raushan/-
U T
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