Created by Fuzzy Cloud

Patna High Court

Shrikant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, directing release on bail bond with conditions under Sections 438(2) CrPC and 482(2) BNSS.

Summary

The petitioners, three residents of Garabhu Lala Tola, were implicated in a case of illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, based on the recovery of 32.4 litres of liquor and three seized motorcycles. They argued that they were not named in the FIR, that the seized liquor was not found in their physical possession, and that their names were mentioned only by a co-accused. The Additional Public Prosecutor opposed their anticipatory bail. The court examined the factual submissions and noted the lack of direct possession evidence, concluding that the prima facie case did not justify denial of bail. Consequently, the court ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties each, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order directed compliance within four weeks of arrest or surrender before the Special Judge Excise‑I, Bettiah.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in the absence of direct possession of the seized illicit liquor.
  • Whether the allegations based solely on the co‑accused's statements suffice to deny bail under the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • Section 438 CrPC
  • Section 482 BNSS
  • FIR
  • co‑accused testimony
  • seizure of property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43475 of 2026
                   Arising Out of PS. Case No.-87 Year-2026 Thana- SIRISIYA District- West Champaran
                 ======================================================
           1.     Shrikant Kumar, S/o Ramjit Mahto @ Ramji Mahato
           2.    Ankur Kumar @ Angur Kumar, S/o Prayag Mahto
           3.    Sujit Kumar, S/o Late Wakil Mahto
                 All are resident of Village- Garabhu Lala Tola, P.S.- Sirisiya, Distt.- West
                 Champaran.

                                                                                    ... ... Petitioners
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar Shrivastava, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   03-07-2026                        Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioners are not named in the

                   FIR and apprehending their arrest in connection with Sirisiya

                   P.S. Case No.87 of 2026 registered under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                                3. Allegation against the petitioners are to engage

                   in illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 32.4 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioners that the alleged recovery was made from
Patna High Court CR. MISC. No.43475 of 2026(2) dt.03-07-2026
                                            2/3




          three     Bikes      bearing       Registration      No.   BR-22T-6543,

          Registration No. BR-22R-6208 and Registration No. BR-

          22BL-2213. It is further submitted that nothing has been

          recovered from the conscious possession of the petitioners.

          It is further submitted that seizure list also appears doubtful

          being not supported by independent witnesses rather than by

          police personnel. It is also pointed out that the name of the

          petitioners surfaced solely on the disclosure made by co-

          accused, namely, Shivam Kumar, who was apprehended on

          the spot. The petitioner no. 2 and 3 have one and three

          criminal antecedent respectively, whereas, petitioner no.1

          claimed clean antecedent.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioners.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as recovery of illicit liquor prima facie not

          appears to be made from physical possession of these

          petitioners, accordingly, the petitioners above-named, in the

          event of their arrest or surrender in the court below within a

          period of four weeks from today, is directed to be released
            Patna High Court CR. MISC. No.43475 of 2026(2) dt.03-07-2026
                                                        3/3




                      on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten

                      Thousand) each with two sureties of the like amount each to

                      the satisfaction of the learned Special Judge Excise-I,

                      Bettiah, West Champaran in connection with Sirisiya P.S.

                      Case No.87 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.)
    Raushan/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.