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Patna High Court

Ajay Kumar SahuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner as the recovery of illicit liquor did not appear to be from his conscious possession and he is a man of clean antecedent.

Summary

The petitioner, Ajay Kumar Sahu, was implicated in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, based on the recovery of 13.8 litres of liquor from a motorcycle registered in his name. He contended that the motorcycle was being used by his son without his knowledge and that he had no conscious possession of the liquor, also asserting a clean antecedent. The Additional Public Prosecutor opposed his application for anticipatory bail. The court examined the factual submissions and noted that the seizure did not appear to be from the petitioner's direct possession. Consequently, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and furnish a bail bond with sureties, subject to 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 of the case
  • Whether the petitioner can be held liable for the illegal liquor recovered from a vehicle registered in his name
  • Whether the seizure of liquor constitutes sufficient grounds for arrest in the absence of direct possession

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illegal liquor
  • possession
  • clean antecedent
  • section 30(a)
  • CrPC

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.43415 of 2026
                  Arising Out of PS. Case No.-55 Year-2026 Thana- EXCISE BIRAUL District- Darbhanga
                 ======================================================
                 Ajay Kumar Sahu S/O Mahendra Sahu R/O Village- Nimi, Ward No. 5, P.S-
                 Singhiya, District -Samastipur.

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Nawal Kishor Prasad, Advocate
                 For the Opposite Party :        Mr. Md. Iftekhar Mahmood, 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 not named in the FIR

                   and apprehending his arrest in connection with Excise Biraul

                   P.S. Case No.55 of 2026 registered under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2016.

                               3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 13.8 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 motorcycle bearing
Patna High Court CR. MISC. No.43415 of 2026(2) dt.02-07-2026
                                            2/3




          Registration       No.BR33BC1965,             which   was   involved   in

          carrying illegal consignment of liquor. It is also submitted

          that the said motorcycle was misused by his son, namely,

          Harishankar Sahu, without any knowledge of petitioner. It is

          further 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. Petitioner claimed clean antecedent.

                       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, who is a man of clean antecedent, 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 Thousand) with two

          sureties of the like amount each to the satisfaction of the
            Patna High Court CR. MISC. No.43415 of 2026(2) dt.02-07-2026
                                                        3/3




                      learned Exclusive Special Excise Court- 1, Darbhanga, in

                      connection with Excise Biraul P.S. Case No.55 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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