Patna High Court
Anil Kumar @ ChitaruversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the liquor was not in the petitioner's conscious possession and therefore granted anticipatory bail.
Summary
The petitioner, Anil Kumar, 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, 2018, after 35 litres of liquor were recovered near the Banas river bank. He argued that the liquor was found in an open public area and not in his conscious possession, and that the seizure list lacked independent witnesses, relying only on a local watchman's statement. The State opposed his request for anticipatory bail, citing his five prior similar offences. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's possession, rendering the seizure list doubtful. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the seizure of illicit liquor constitutes possession of the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether anticipatory bail can be granted under Section 438 of the CrPC given the circumstances.
- Whether the seizure list is reliable without independent witness testimony.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- illegal liquor
- anticipatory bail
- possession
- prohibition act
- seizure
- bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44738 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- AGION (GARHANI) District- Bhojpur
======================================================
Anil Kumar @ Chitaru, Son of Vinod Yadav, Resident of village - Ajam
Nagar, P.S.- Agiaongarhani, District - Bhojpur, State - Bihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Navin Kumar Singh, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 07-07-2026 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 Agiaongarhani
P.S. Case No.51 of 2026 registered under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 35 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
near the bank of Banas river. Being an open place, it is
Patna High Court CR. MISC. No.44738 of 2026(2) dt.07-07-2026
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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 a local Chaukidar. 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
satisfaction of the learned Exclusive Special Excise Court
Patna High Court CR. MISC. No.44738 of 2026(2) dt.07-07-2026
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No.-I, Bhojpur, Ara in connection with Agiaongarhani P.S.
Case No.51 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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