Patna High Court
VIKASH KUMAR JHAversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise (Amended) Act, 2022 — s. 30(a)
- BNSS — s. 103(4), 482(2)
- Code of Criminal Procedure (CrPC) — s. 438(2)
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
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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
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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/-
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