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Patna High Court

Vikas Kumar @ Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-
U       T


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