Patna High Court
Sudhir Singh @ Loha SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because the recovery of illicit liquor was not prima facie linked to the petitioner's physical possession.
Summary
The petitioner, Sudhir Singh, 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 12.77 litres of liquor recovered from a general store. The petitioner’s counsel argued that the liquor was not in his physical possession and that the recovery was unrelated to him. The Additional Public Prosecutor opposed bail. The court examined whether the recovery constituted prima facie evidence of the petitioner’s possession. Finding that the liquor was not recovered from the petitioner’s direct control, the court directed that he be released on bail upon surrender within four weeks, subject to a bail bond and sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order thus granted bail pending trial.
Issues considered
- Whether bail can be granted when the seized illicit liquor is not shown to be in the physical possession of the accused.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illicit liquor
- possession
- prohibition act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44815 of 2026
Arising Out of PS. Case No.-137 Year-2026 Thana- DAUDPUR District- Saran
======================================================
Sudhir Singh @ Loha Singh S/o Upendra Singh R/o vill - Bangra Akhara,
P.S.- Daudpur, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyanshu Kumar Singh
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
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 Daudpur P.S. Case
No.137/2026 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 12.77 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 general store, where there is movement of other adult
persons and recovered illicit liquor is not connected in any
manner with petitioner. It is submitted that recovery is not made
from conscious physical possession of the petitioner. Petitioner
Patna High Court CR. MISC. No.44815 of 2026(2) dt.07-07-2026
2/2
found involved in one more case, where he is on bail.
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
Additional Sessions Judge-cum-Exclusive Special Court Excist
Act-I, Saran at Chapra/concerned trial court where the case is
pending in connection with Daudpur P.S. Case No.137/2026
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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