Patna High Court
MANOJ TUDUversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that mere ownership of the vehicle does not constitute possession of the illicit liquor, and therefore anticipatory bail was warranted.
Summary
Manoj Tudu was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016 after 348 litres of liquor were recovered from a car parked in a field. The petitioner contended that he was implicated only because he is the registered owner of the vehicle and that there was no material showing his conscious possession or participation in the offence. The Additional Public Prosecutor opposed the petition for anticipatory bail, arguing that the seizure indicated involvement. The court observed that mere ownership of the vehicle does not amount to possession of the seized liquor and noted the petitioner’s clean antecedent. Consequently, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner’s ownership of the vehicle from which illicit liquor was seized establishes his possession and liability under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
- Whether anticipatory bail should be granted in the absence of material showing conscious possession or participation in the alleged offence.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2016 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- vehicle ownership
- Section 30(a)
- Bihar Prohibition and Excise Act
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44697 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- PALI District- Jehanabad
======================================================
MANOJ TUDU, S/o Lalji Tudu, Resident of Village- Chichi Khurd, Police
Station- Charch, DIstrict- Hazaribagh, Jharkhand
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, 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 Pali P.S. Case
No.86 of 2026 registered under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2016.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 348 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 Car which was found parked in a field. It is further
Patna High Court CR. MISC. No.44697 of 2026(2) dt.06-07-2026
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submitted that the petitioner’s name has been surfaced in
the present case solely on the ground that he is the
registered owner of the seized vehicle, and not on the basis
of any material demonstrating his conscious possession,
involvement or complicity in the alleged offence. It is also
pointed out that seizure list appears doubtful being not
supported by independent witnesses rather than by police
personnel. The petitioner claimed clean antecedent.
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, who is a
man of clean antecedent, 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 Excise Judge-I, Jehanabad in connection with
Patna High Court CR. MISC. No.44697 of 2026(2) dt.06-07-2026
3/3
Pali P.S. Case No.86 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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