Patna High Court
Ajay Kumar SahuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Instruments and Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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
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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
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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/-
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