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Patna High Court

Sudhir Singh @ Loha SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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