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Patna High Court

Sanny Kumar @ Sunny Kumar @ Sanni KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the recovery of illicit liquor was not prima facie made from the petitioner's possession and therefore granted anticipatory bail.

Summary

The petitioner, Sanny Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, with 128.96 litres recovered from two vehicles. He contended that the vehicles did not belong to him, he was not present at the seizure site, and the liquor was not in his conscious possession, arguing that the seizure list lacked independent corroboration. The Additional Public Prosecutor opposed his application for anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear prima facie to be from the petitioner's possession. Consequently, the court directed that the petitioner be released on anticipatory bail, subject to a bond of Rs.10,000 with two sureties, if he surrenders within four weeks, under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances.
  • Whether the recovery of illicit liquor establishes a prima facie case of possession against the petitioner.
  • Whether the seizure list and police testimony are sufficient to link the petitioner to the alleged offence.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • possession
  • seizure
  • prohibition act
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.44951 of 2026
                      Arising Out of PS. Case No.-365 Year-2026 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Sanny Kumar @ Sunny Kumar @ Sanni Kumar S/o Sharmanand Sah
                 Resident of Village - Kanakpur, P.S. - Dighwara, District - Saran.

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr. Adarsh Ranjan, Advocate
                 For the Opposite Party :         Mr. Kanhaiya Kishore (App.100)
                 ======================================================
                 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 Dariyapur P.S.

                   Case No.365 of 2026 registered under Section 30(a) of

                   Bihar Prohibition and Excise Amendment Act, 2022.

                               3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 128.96 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that the recovery of alleged illicit liquor was

                   made from two cars bearing Registration No. BR01DY 2497
Patna High Court CR. MISC. No.44951 of 2026(2) dt.08-07-2026
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          and BR01PH 9187. It is also submitted that name of this

          petitioner arrayed solely on the disclosure made by

          apprehended co-accused, namely, Anil Kumar Ray.             It is

          further submitted that the said two does not belong to

          petitioner and also the petitioner was not present at the

          spot. It is also submitted that recovery of illicit liquor was

          not made from conscious possession of this petitioner. It is

          further argued that the seizure list also appears doubtful

          being not supported by independent witnesses rather than by

          police personnel. Explaining criminal antecedent, it is

          submitted that the petitioner found involved in four more

          criminal cases, where he is on bail.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of 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, 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.44951 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 Additional Sessions Judge cum

                     Exclusive Special Court, Excise Act- 1, Saran at Chapra, in

                     connection with Dariyapur P.S. Case No.365 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.)

Aniket/-

U      T


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