Patna High Court
Manish Sah @ Manish Kumar @ ChuhbaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the seizure did not prima facie show the petitioner's possession of the illicit liquor.
Summary
The petitioner, Manish Sah, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 191 litres seized from a garbage dump near L.T.C. Ghat Musahari. He contended that the liquor was recovered from a public place and not from his conscious possession, and that the seizure list lacked independent witnesses, relying only on police reports and villagers' statements. The Additional Public Prosecutor opposed the petition for anticipatory bail. The court examined whether the seizure established possession sufficient to deny bail. Finding that the recovery did not prima facie demonstrate possession by the petitioner, the court directed that he be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was to be complied with by the Special Judge Excise‑I, Patna.
Issues considered
- Whether the seizure of illicit liquor from a public garbage dump establishes possession by the petitioner for the purpose of denying anticipatory bail.
- Whether anticipatory bail under Section 438 of the CrPC can be granted in a case under the Bihar Prohibition and Excise Amendment Act.
Legislation cited
- Bihar Negotiable Instruments (or related) Special Statutes (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- seizure
- excise law
- CrPC Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44670 of 2026
Arising Out of PS. Case No.-265 Year-2026 Thana- PATLIPUTRA District- Patna
======================================================
Manish Sah @ Manish Kumar @ Chuhba, S/o Chaturbhuj Sah @ Chatrugun
Prasad, R/o - Sidheshwar Nagar Near - Devisthan, P.S - Patliputra, District -
Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Braj Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-07-2026 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 Patliputra P.S.
Case No.265 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise Amendment Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 191 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
a garbage dump near L.T.C. Ghat Musahari. Being an open
Patna High Court CR. MISC. No.44670 of 2026(2) dt.06-07-2026
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place, it is accessible to the general public and, therefore, it
cannot be said that the alleged recovery was made from the
conscious possession of the petitioner. 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 petitioner surfaced
solely on the disclosure made by the local villagers. The
petitioner has six criminal antecedent, in which, 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 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 Special Judge Excise-I, Patna in
connection with Patliputra P.S. Case No.265 of 2026,
Patna High Court CR. MISC. No.44670 of 2026(2) dt.06-07-2026
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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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