Patna High Court
Ram Babu Mushar @ Rambabu MusaharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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
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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
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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/-
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