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Patna High Court

Ram Babu Mushar @ Rambabu MusaharversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, as the seized liquor was not shown to be in the petitioner's actual possession, anticipatory bail could be granted under Section 482(2) of the Criminal Procedure Code.

Summary

Ram Babu Mushar was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 60 litres seized from behind his house. He contended that the liquor was not in his conscious possession, that the seizure list lacked independent witnesses, and that the accusation was based merely on police suspicion. The State opposed his request for anticipatory bail, citing a prior similar case for which he was on bail. The High Court examined the prima facie evidence and concluded that the recovery did not demonstrably arise from the petitioner's possession. Accordingly, the court directed that he be released on anticipatory bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether the seizure of illicit liquor can be said to be in the petitioner's possession for the purpose of denying anticipatory bail
  • Whether anticipatory bail is appropriate under Section 482(2) of the CrPC given the facts
  • Whether the lack of independent witnesses to the seizure affects the validity of the charge

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • seizure
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.44973 of 2026
                      Arising Out of PS. Case No.-322 Year-2025 Thana- DORIGANJ District- Saran
                 ======================================================
                 Ram Babu Mushar @ Rambabu Musahar S/o Late Jaglal Raut @ Jaglal
                 Mushar Resident of Village - Phulchak Charind Mushar Toli, Police Station -
                 Doriganj, District - Saran at Chapra

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Shakti Suman Kumar, Advocate
                 For the Opposite Party :        Mr. Akbar Ali, 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 Doriganj P.S.

                   Case No.322 of 2025 registered under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                               3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 60 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that recovery of alleged illicit liquor was made

                   from behind the house of petitioner. It is also submitted that
Patna High Court CR. MISC. No.44973 of 2026(2) dt.08-07-2026
                                            2/3




          name of petitioner arrayed solely on the basis of suspicion

          made by guptecher. It is further submitted that petitioner

          was not apprehended at the spot and it can be safely said

          that recovery of illicit liquor was not made from conscious

          possession of this petitioner. It is also submitted 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 one criminal case of similar

          nature, 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

          on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the
           Patna High Court CR. MISC. No.44973 of 2026(2) dt.08-07-2026
                                                       3/3




                     satisfaction of the learned Special Judge Excise- 3, Saran at

                     Chapra, in connection with Doriganj P.S. Case No.322 of

                     2025, subject to the conditions as laid down under Section

                     482(2) of the BNSS.


                                                         (Chandra Shekhar Jha, J.)

Aniket/-

U      T


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