Patna High Court
KasimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because the recovery of illicit liquor was not prima facie made from the petitioner's conscious possession.
Summary
Kasim was named in an FIR for alleged illegal trading and manufacturing of illicit liquor under Section 30(a) of the Excise Act, with 20 litres of liquor recovered from a motorcycle. The prosecution’s case relied on a confessional statement of co‑accused Ajay Ram, and Kasim was not apprehended at the spot nor found in conscious possession of the liquor. Kasim’s counsel argued that he had a clean antecedent and that the recovery did not directly link to his possession. The court observed that the evidence did not prima facie establish Kasim’s conscious possession and, considering his clean record, found no justification to deny bail. Accordingly, the court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS. The bail order was directed to be complied with by the Exclusive Special Excise Court where the case is pending.
Issues considered
- Whether bail should be granted when the recovery of illicit liquor is not made from the accused's conscious possession.
- Whether the confessional statement of a co‑accused suffices to sustain the charge against the petitioner.
Legislation cited
- BNSS — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- Section 30
- Section 482
- confessional statement
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44954 of 2026
Arising Out of PS. Case No.-195 Year-2026 Thana- DHAKA District- East Champaran
======================================================
Kasim Son of Akbar Mansoori Resident of Village-Ward no. 21, Naya Tola
Dhaka ,P.S-Dhaka ,District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Shankar Shrivastava
For the Opposite Party/s : Mrs. Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-07-2026 Heard the parties
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Dhaka P.S. Case
No. 195 of 2026 registered for the offences punishable under
Section 30(a) of Excise Act.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 20 litres of IMFL/country made liquor.
4.Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor was made
from motorcycle. The name of petitioner transpires on the
basis of confessional statement of apprehended co-accused
person namely, Ajay Ram. It is further submitted that
petitioner was not apprehended at the spot and is not
Patna High Court CR. MISC. No.44954 of 2026(2) dt.08-07-2026
2/2
connected in any manner with alleged vehicle, where illicit
liquor was recovered. It is submitted that recovery is not made
from conscious physical possession of the petitioner, who is a
man of clean antecedent.
5 Learned APP, opposed the prayer of bail.
6.In view of aforesaid factual submission and by
taking note of fact as recovery of illicit liquor prima-facie not
appears to be made from the conscious possession of the
petitioner, who is a man of clean antecedent, accordingly
petitioner above-named, in the event of his arrest or surrender
before the court below within a period of four weeks, is
directed to be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Exclusive Spl.
Excise Court no. 3 I/C, East Champaran at Motihari /concerned
Court, where the case is pending in connection with Dhaka P.S.
Case No. 195 of 2026, subject to the conditions as laid down
under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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