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Patna High Court

Subodh Kumar @ Subodh RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding that the recovery of liquor did not prima facie demonstrate his conscious physical possession.

Summary

The petitioner, Subodh Kumar, was named in an FIR for alleged illegal manufacturing and trading of liquor under Section 30(a) of the Excise Act, with 240 litres of illicit liquor recovered from a car that he neither owned nor drove. He contended that the recovery was not made from his conscious physical possession and that his implication stemmed solely from a co-accused's confessional statement. The prosecution opposed his bail application. The court examined the factual submissions and noted the lack of direct possession, and consequently ordered that the petitioner be released on bail upon surrendering within four weeks, subject to a bail bond of Rs. 10,000 with two sureties and compliance with conditions under Section 482(2) of the BNSS. The order also referenced a prior anticipatory bail granted to a co-accused. The bail was granted with the stipulated conditions.

Issues considered

  • Whether the petitioner is entitled to bail despite being named in the FIR for offences under the Excise Act.
  • Whether the recovery of illicit liquor establishes conscious physical possession by the petitioner.

Legislation cited

Subjects

  • bail
  • Excise Act
  • illegal liquor
  • Section 30(a)
  • possession
  • confessional statement
  • anticipatory bail
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43348 of 2026
                     Arising Out of PS. Case No.-205 Year-2024 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Subodh Kumar @ Subodh Ray S/O Bhagvan Ray @ Bhulla Rai R/O Vill.-
                 Paharpur @ Magurahi Tarwa Ward no. 1, P.s.- Mahua, Dist.- Vaishali.
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar, Adv.
                 For the Opposite Party/s :       Mr. Anil Kr. Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   03-07-2026                           Heard the parties

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Rajapakar P.S.

                   Case No. 205 of 2024 registered for the offences punishable

                   under Section 30(a) of Excise Act.

                                3. The allegation against the petitioner is to be

                   engaged in illegal trading/manufacturing of illicit liquor,

                   where, there is recovery of 240 litres of IMFL/country made

                   liquor

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that recovery of alleged illicit liquor

                   was made from Alto car bearing registration no.                          BR31E

                   6088. It is submitted that petitioner is not the owner nor the
Patna High Court CR. MISC. No.43348 of 2026(2) dt.03-07-2026
                                            2/3




          driver of the vehicle, he was implicated with present case on

          the confessional statement of apprehended co-accused

          person namely, Rahul Kumar. It is further submitted that co-

          accused namely, Sakaldev Mahto has already granted

          anticipatory bail by this Bench through Cr. Misc. No. 34127

          of 2026 vide order dated 08.06.2026. It is also submitted

          that the recovery of alleged illicit liquor was not made from

          the conscious physical possession of this petitioner. While

          concluding arguments, it is submitted that petitioner found

          involved in three more criminal cases where he is on bail.

                       5. Learned APP, opposes the prayer of bail.

                       6. In view of aforesaid factual submission and by

          taking note of fact as recovery of alleged illicit liquor prima-

          facie not appears to be made from the conscious physical

          possession of the petitioner, accordingly petitioner above-

          named, in the event of his arrest or surrender before the

          court below within a period of four weeks, is directed to be

          released on bail, furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Exl. spl. Excise court
              Patna High Court CR. MISC. No.43348 of 2026(2) dt.03-07-2026
                                                          3/3




                        II cum District and Addl. Sessions Judge, Vaishali at

                        Hajipur /concerned Court, where the case is pending in

                        connection with Rajapakar P.S. Case No. 205 of 2024,

                        subject to the conditions as laid down under Section 482(2)

                        of BNSS.



                                                                    (Chandra Shekhar Jha, J)
Sudha/-

U         T


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