Patna High Court
Bhola BhandariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because the recovery did not prima facie establish the petitioner's physical possession of the illicit liquor.
Summary
The petitioner, Bhola Bhandari, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 9.250 litres of liquor recovered. He contended that the liquor was seized from a motorcycle not under his control and that he had no physical possession of the contraband. The prosecution opposed bail, arguing the seriousness of the offence. The court examined whether the recovery constituted prima facie possession sufficient to deny bail. Finding that the liquor was not recovered from the petitioner's direct possession, the court directed that he be released on bail upon surrender within four weeks, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) of the BNSS. The bail order required a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the recovery of illicit liquor from a vehicle not directly linked to the accused constitutes possession for the purposes of Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether bail can be granted under Section 438(2) of the Criminal Procedure Code in the absence of prima facie possession.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illicit liquor
- possession
- Section 30
- Criminal Procedure Code
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44801 of 2026
Arising Out of PS. Case No.-99 Year-2026 Thana- Excise Benipatti District- Madhubani
======================================================
Bhola Bhandari S/o Ram Chandra Bhandari R/o Village- Basuki Bihari ward
no 6, PS- Madhwapur, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Ranjan
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 07-07-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Benipatti Excise P.S.
Case No.99/2026 registered for the offences punishable under
Section 30 (a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engage in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 9.250 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor was made from
the motorcycle and not from the conscious physical possession of
this petitioner. It is further submitted that motorcycle in issue is
not connected in any manner with petitioner. It is submitted that
name of petitioner implicated in the present case on the basis of
Patna High Court CR. MISC. No.44801 of 2026(2) dt.07-07-2026
2/2
disclosure as made by apprehended co-accused. Petitioner
claimed clean antecedent.
5. Learned APP, opposes the prayer for bail.
6. In view of aforesaid facts and circumstances as
mentioned above as recovery of illicit liquor prima-facie not
appears to be made from the physical possession of this
petitioner, accordingly the petitioner above named, in the event
of his arrest or surrender before the learned trial court within a
period of four weeks, is directed to be released on bail, furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge, Excise Act, Madhubani/concerned trial
court where the case is pending in connection with Benipatti
Excise P.S. Case No.99/2026 subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./ Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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