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Patna High Court

VIKASH KUMAR JHAversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, finding no prima facie evidence of his possession of the seized liquor and noting non‑compliance with the statutory search requirements.

Summary

The petitioner, Vikash Kumar Jha, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise (Amended) Act, 2022 for alleged illegal manufacture and trade of illicit liquor, with 5.1 litres seized from the house of a co‑accused, Baliram Jha. The petitioner contended that the liquor was not in his conscious possession, that the seizure violated Section 103(4) of the BNSS because no independent witness was present, and that his name appeared only in the co‑accused’s disclosure statement. The Additional Public Prosecutor opposed the petition for anticipatory bail. The Court examined the lack of material showing the petitioner’s possession and the procedural lapse in the search, and consequently granted anticipatory bail, directing his release on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
  • Whether the seizure of illicit liquor can be attributed to the petitioner’s conscious possession.
  • Whether the search and seizure complied with Section 103(4) of the BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • search and seizure
  • Section 30
  • Bihar Prohibition and Excise Act
  • CrPC 438
  • BNSS 103
  • BNSS 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44874 of 2026
                  Arising Out of PS. Case No.-121 Year-2026 Thana- SARAI RANJAN District- Samastipur
                 ======================================================
                 VIKASH KUMAR JHA, S/o Late Ram Babu Jha @ Rambabu Jha, Resident
                 of ward no. 09, Vill- Mosingpur, Harpur Barheta, Harpur Barhetta, P.S.-
                 Sarairanjan, Dist- Samastipur, Bihar

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Keshav Bhardwaj, Advocate
                 For the Opposite Party/s :       Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-07-2026                        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 Sarairanjan P.S.

                   Case No.121 of 2026 registered under Section 30(a) of the

                   Bihar Prohibition and Excise (Amended) Act, 2022.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 5.1 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the seized illicit liquor was recovered from

                   the house of co-accused, namely, Baliram Jha. It is further
Patna High Court CR. MISC. No.44874 of 2026(2) dt.08-07-2026
                                            2/3




          submitted that no recovery has been effected from the

          conscious and exclusive possession of the petitioner, and

          there is no material on record to establish his conscious

          possession of the alleged illicit liquor. It is argued that

          Section 103(4) of BNSS has not been complied with qua

          search of premises, inasmuch as no independent witness was

          associated with the search and seizure list and the seizure

          witnesses were police personnel themselves. It is also

          pointed out that the name of the petitioner surfaced solely

          on the disclosure statement made by co-accused, namely,

          Baliram Jha, who was apprehended on the spot. The

          petitioner has four criminal antecedent.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking note of 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

          period of four weeks from today, is directed to be released
            Patna High Court CR. MISC. No.44874 of 2026(2) dt.08-07-2026
                                                        3/3




                      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-II,

                      Samastipur in connection with Sarairanjan P.S. Case No.121

                      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.)
    Raushan/-

U       T


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