Patna High Court
Shrikant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- 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
- 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
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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
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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
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