Patna High Court
Chhathu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery was not made from the petitioner's conscious possession and therefore anticipatory bail was appropriate.
Summary
The petitioner, Chhathu Sah, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018, after 61 litres of liquor was recovered from a river bank. The petitioner argued that the liquor was found in a public place, not in his conscious possession, and that the seizure list lacked independent witnesses, with his name surfacing only from villagers' disclosures, despite having five prior similar cases. The Additional Public Prosecutor opposed the grant of anticipatory bail. The court examined the factual submissions and concluded that the recovery did not amount to possession by the petitioner, and therefore, he was eligible for anticipatory bail. Consequently, the court directed his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the seizure of illicit liquor from a public river bank constitutes conscious possession sufficient to deny anticipatory bail under Section 317(5) BNS and Section 30(a) Bihar Prohibition and Excise Act.
- Whether anticipatory bail can be granted despite the petitioner’s prior criminal antecedents of similar nature.
- Whether the absence of independent witnesses and reliance on villagers' disclosures affect the validity of the charge.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 482(2)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- Bihar Prohibition and Excise Act
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44676 of 2026
Arising Out of PS. Case No.-146 Year-2026 Thana- MIRGANJ District- Gopalganj
======================================================
Chhathu Sah, Son of Sitaram Sah, Resident of village- Nabiganj P.S
-Badhariya, Dist- Gopalganj
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Vyas Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, 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 Mirganj P.S. Case
No.146 of 2026 registered under Section 317(5) of the
Bharatiya Nyaya Sanhita (in short ‘BNS’, 2023) and Section
30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 61 litres and 400 ml of IMFL/country-made
liquor.
4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.44676 of 2026(2) dt.06-07-2026
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the petitioner that the seized illicit liquor was recovered from
the bank of the river. Being an open 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
disclosure made by the local villagers. The petitioner has five
criminal antecedent of similar nature, 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
Patna High Court CR. MISC. No.44676 of 2026(2) dt.06-07-2026
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satisfaction of the learned Exclusive Special Excise Court
No.-II, Gopalganj in connection with Mirganj P.S. Case
No.146 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/-
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