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Patna High Court

Anil Kumar @ ChitaruversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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