Patna High Court
Uday KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that since the illicit liquor was not recovered from the petitioner's conscious possession, anticipatory bail was warranted.
Summary
The petitioner, Uday Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 40.28 litres seized from a motorcycle he owned. He contended that he was neither present at the seizure site nor in conscious possession of the liquor, arguing that the police linked him solely due to ownership of the vehicle. The State opposed his application for anticipatory bail, relying on the charges under the Bihar Prohibition and Excise Amendment Act, 2022. The Court examined whether the seizure could be attributed to the petitioner’s possession and considered the appropriateness of granting anticipatory bail under Section 438 of the CrPC. Finding that the liquor was not recovered from the petitioner’s conscious possession, the Court directed his release on bail with a bond and sureties, subject to conditions under the CrPC and BNSS. The order effectively granted anticipatory bail to the petitioner.
Issues considered
- Whether anticipatory bail can be granted when the seized contraband is not in the accused's conscious possession
- Whether ownership of a vehicle used in the alleged offence suffices to establish possession under the Bihar Prohibition and Excise Amendment Act, 2022
- Applicability of Section 438(2) of the CrPC and Section 482(2) of the BNSS in granting bail
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32(i), 32(iii), 41(i), 41(ii)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- excise law
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44790 of 2026
Arising Out of PS. Case No.-154 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Uday Kumar S/o Pujari Bind Resident of Village- Bharkhar, P.S.- Mohania,
District- Kaimur at Bhabua
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Tribhuwan Narayan, Advocate
For the Opposite Party : Mr. Umanath Mishra, 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 Prohibition and
Excise P.S. Bhabua Case No.154 of 2026 registered under
Section 30(a), 32(i) and (iii), 41(i)and (ii) of Bihar
Prohibition and Excise Amendment Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 40.28 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
Patna High Court CR. MISC. No.44790 of 2026(2) dt.07-07-2026
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made from the motorcycle bearing Registration No. BR45F
9682, It is also submitted that the name of petitioner
arrayed solely for the reason that petitioner is the owner of
the said motorcyle. It is further argued that petitioner was
neither present at the spot nor was he connected in any
manner with the seized liquor. It can be safely that recovery
of illicit liquor was not made from conscious possession of
this petitioner. It is also submitted that the seizure list also
appears doubtful being not supported by independent
witnesses rather than by police personnel. Explaining
criminal antecedent, it is submitted that the petitioner found
involved in two more criminal cases of similar nature, where
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 the 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
Patna High Court CR. MISC. No.44790 of 2026(2) dt.07-07-2026
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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 Court- II,
Kaimur at Bhabhua, in connection with Prohibition and Excise
P.S. Bhabua Case No.154 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.)
Aniket/-
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