Patna High Court
Vikas Kumar @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, as the recovery of illicit liquor was not prima facie from the petitioner's possession, anticipatory bail was warranted.
Summary
The petitioner, Vikas Kumar, 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, with 36 litres of liquor recovered from his bathroom. He contended that the premises were a joint family property and that the liquor was not in his exclusive possession, also challenging the adequacy of the seizure list which lacked independent witnesses. 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 conscious possession. Consequently, the court directed that the petitioner be released on anticipatory bail, subject to surrender within four weeks, 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 when the seized liquor is not prima facie in the petitioner's exclusive possession.
- Whether the seizure list, lacking independent witnesses, is sufficient to sustain the charge under the Bihar Prohibition and Excise Act.
- Applicability of Section 438(2) CrPC and Section 482(2) BNSS in granting anticipatory bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- joint family property
- seizure
- bail bond
- CrPC Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43430 of 2026
Arising Out of PS. Case No.-155 Year-2026 Thana- PHULPARAS District- Madhubani
======================================================
Vikas Kumar @ Vikash Kumar S/o Shiv Kumar Yadav R/o - Sugapatti, P.S -
Phulparas, District - Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 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 Phulparas P.S.
Case No.155 of 2026 registered under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 36 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 bathroom(house) of the petitioner. It is also
Patna High Court CR. MISC. No.43430 of 2026(2) dt.03-07-2026
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submitted that the house of the petitioner is a joint family
property and the house is not in the exclusive possession of
the petitioner. It is also 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. Explaining
criminal antecedent, it is submitted that the petitioner found
involved in two more criminal cases, 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
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 Court of Exclusive Special Judge
Patna High Court CR. MISC. No.43430 of 2026(2) dt.03-07-2026
3/3
Excise, Jhanjharpur, in connection with Phulparas P.S. Case
No.155 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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