Patna High Court
Chandrakant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Chandrakant Kumar, was named in an FIR for alleged illegal trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 17.5 liters seized from an under‑construction house that he did not occupy. He argued that the liquor was not in his physical possession and that the seizure list was prepared by police constables rather than independent witnesses. The State opposed his request for anticipatory bail. The court examined the factual submissions and noted the lack of direct possession, finding no prima facie case to deny bail. Consequently, the court ordered anticipatory bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted when the alleged contraband was not in the accused's physical possession
- Whether the seizure evidence prepared by police constables suffices to establish a prima facie case
- Applicability of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. in granting anticipatory bail
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- seizure
- physical possession
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44895 of 2026
Arising Out of PS. Case No.-415 Year-2026 Thana- BIHTA District- Patna
======================================================
Chandrakant Kumar S/o Ramesh Prasad @ Ramesh Ram @ Ramesh Ray
Resident of Village- Maudahi, P.S.- Bihta, District- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Satish Chandra, Advocate
For the Opposite Party/s : Mr.Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Bihta P.S. Case No.
415 of 2026 registered for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to involve in
illegal trading/manufacturing of illicit liquor. It is alleged that
total 17.500 liters of IMFL foreign liquor was recovered from
the under-constructed house.
4. Learned counsel appearing on behalf of the petitioner
submitted that the aforesaid illicit liquor has been recovered
from the under-constructed house, which is joint house, where
petitioner was not living in the house. It is further submitted that
the seizure list has been prepared in presence of two police
Patna High Court CR. MISC. No.44895 of 2026(2) dt.08-07-2026
2/2
constrable, who were not the independent witnesses. It is
submitted that nothing recovered from conscious physical
possession. While concluding argument, it is submitted that
petitioner found involved in one more criminal case, in which
he is on bail.
5. Learned A.P.P. for the State has opposed the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima-facie
not appears to be made from physical possession of this
petitioner, accordingly, above-named petitioner, in the event of
his arrest/surrender within a period of four weeks from this
order, is directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) with two sureties of the
like amount each to the satisfaction of learned Special Excise
Judge, Danapur, Patna/concerned court in connection with Bihta
P.S. Case No. 415 of 2026, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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