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Patna High Court

Anjan RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs 10,000 and two sureties, with conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Summary

The petitioner, Anjan Ram, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 94.5 litres of liquor recovered from an open area behind his house. The petitioner’s counsel argued that the liquor was not in his conscious physical possession and that he has a clean antecedent. The State opposed the bail application. The court examined whether the recovery constituted possession sufficient to deny bail and considered the applicability of bail provisions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS Act. Finding that the liquor was not in the petitioner’s direct possession, the court granted bail on a bond of Rs 10,000 with two sureties, subject to the conditions of the special excise court. The order directs the petitioner to surrender within four weeks if arrested.

Issues considered

  • Whether the petitioner’s alleged involvement in illicit liquor trade justifies denial of bail.
  • Whether the recovery of liquor from an open area behind the petitioner’s house constitutes physical possession for bail considerations.
  • Applicability of Section 438(2) Cr.P.C. and Section 482(2) BNSS in granting bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Criminal Procedure Code
  • Section 438
  • BNSS Act
  • Section 482
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44623 of 2026
                   Arising Out of PS. Case No.-127 Year-2025 Thana- MAHINDWARA District- Sitamarhi
                 ======================================================
                 Anjan Ram Son of Vinda Ram R/O Village- Govind Pitaujhiya, P.S.-
                 Mahindwara, Distt.- Sitamarhi
                                                                  ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Krishna Prabhat
                 For the Opposite Party/s :      Mr.Ram Anurag Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   06-07-2026                     Heard the parties.

                                   2. The accused/petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Mahindwara P.S. Case

                   No.127/2025 registered for the offences punishable under

                   Section 30 (a) of the Bihar Prohibition and Excise Act.

                                   3. The allegation against the petitioner is to be

                   engage in illegal trading/manufacturing of illicit liquor, where,

                   there is recovery of 94.50 litres of IMFL/country made liquor.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submitted that recovery of illicit liquor was made from

                   an open place behind the house of the petitioner, which is easily

                   accessible by general public. It is submitted that recovery was not

                   made from conscious physical possession of the petitioner, who is

                   a man of clean antecedent.
               Patna High Court CR. MISC. No.44623 of 2026(2) dt.06-07-2026
                                                           2/2




                                         5. Learned APP, opposes the prayer for bail.

                                         6. In view of aforesaid facts and circumstances as

                         mentioned above and by taking note of fact as recovery of illicit

                         liquor prima-facie not appears to be made from the physical

                         possession of this petitioner, accordingly petitioner above named,

                         in the event of his arrest or surrender before the learned trial

                         court within a period of four weeks, is directed to be released on

                         bail, 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, Exclusive Excise Court-01,

                         Sitamarhi/concerned trial court where the case is pending in

                         connection with Mahindwara P.S. Case No.127/2025 subject to

                         the conditions as laid down under Section 438(2) of the Cr.P.C./

                         Section 482(2) of the BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


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