Patna High Court
Jitendra Rai @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, in the absence of prima facie evidence of conscious possession and due to procedural lapses in the search, the petitioner is entitled to bail.
Summary
The petitioner, Jitendra Rai, 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, 2018, after 8.64 litres of liquor were seized from his house. He contended that the liquor was not in his conscious and exclusive possession and that the search violated Section 103(4) of the BNSS because no independent witness was present. The Additional Public Prosecutor opposed his anticipatory bail. The court examined the factual submissions and noted the lack of material establishing the petitioner's possession and the procedural lapse in the search. Consequently, the court ordered his release on bail, subject to a bond and sureties, invoking Section 482(2) of the BNSS. The decision reflects the court’s view that the prosecution had not made a prima facie case against the petitioner.
Issues considered
- Whether the seizure of illicit liquor from the petitioner’s premises establishes his conscious possession for the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether the search and seizure complied with the procedural requirements of Section 103(4) of the BNSS.
- Whether anticipatory bail should be granted to the petitioner.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- BNSS — s. 103(4), 482(2)
Subjects
- illegal liquor
- anticipatory bail
- possession
- search and seizure
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44958 of 2026
Arising Out of PS. Case No.-84 Year-2026 Thana- SHAHPUR PATORI District- Samastipur
======================================================
Jitendra Rai @ Jitendra Kumar, S/o Late Mahendra Rai, R/o Vill.- Hasanpur,
Tanra, Ward No.6, P.S.- Patory, Dist.- Samatipur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Sinha, Advocate
For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, 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 Shahpur Patory
P.S. Case No.84 of 2026 registered under Section 30(a) of
the Bihar Prohibition and Excise Amendment Act, 2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is re-
covery of 08.64 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 the petitioner. It is further submitted that no
Patna High Court CR. MISC. No.44958 of 2026(2) dt.08-07-2026
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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 il-
licit 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 peti-
tioner surfaced solely on the basis of suspicion. The peti-
tioner claimed clean 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 peti-
tioner, accordingly, the petitioner above-named, who is a
man of clean antecedent, in the event of his arrest or sur-
render in the court below within a period of four weeks from
today, is directed to be released on bail on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.44958 of 2026(2) dt.08-07-2026
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sureties of the like amount each to the satisfaction of the
learned Exclusive Special Judge Excise-II, Samastipur in
connection with Shahpur Patory P.S. Case No.84 of 2026,
subject to the conditions as laid down under Section 482(2)
of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
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