Created by Fuzzy Cloud

Patna High Court

Uday KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.