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Patna High Court

Bharat PanjiyarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner as the recovery of liquor was not prima facie linked to his conscious possession.

Summary

The petitioner, Bharat Panjiyar, was alleged to be involved in the illegal manufacture and trade of liquor after six litres of illicit spirit were recovered from a motorcycle he owned. He was not named in the FIR and contended that the bike was being used by a co‑accused, Jitendra Kumar, and that he had no conscious possession of the liquor. The petitioner, who has a clean antecedent, applied for anticipatory bail, arguing that ownership of the vehicle alone should not justify arrest. The Additional Public Prosecutor opposed the bail, relying on Sections 274 and 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act. The court observed that the recovery did not prima facie establish the petitioner’s possession and, considering his clean record, granted anticipatory bail subject to a bond and sureties under Section 482(2) of the BNSS. The order directed his release on bail if he surrenders within four weeks to the Special Judge of the Excise Court, Madhubani.

Issues considered

  • Whether anticipatory bail should be granted when the petitioner is not named in the FIR and the alleged contraband was not found in his conscious possession.
  • Whether ownership of a vehicle used for transporting illicit liquor suffices to justify arrest under Sections 274 and 275 of the BNSS and Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor trade
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act
  • ownership of vehicle
  • clean antecedent
  • Section 482(2) BNSS

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.45018 of 2026
                   Arising Out of PS. Case No.-24 Year-2026 Thana- MADHWAPUR District- Madhubani
                 ======================================================
                 Bharat Panjiyar S/o Madhuri Panjiyar Resident of Village - Bairba, P.S. -
                 Saharghat, District - Madhubani.

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Shailendra Kumar Jha, Advocate
                 For the Opposite Party :        Mr. Umeshanand Pandit, 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 not named in the FIR

                   and apprehending his arrest in connection with Madhwapur

                   P.S. Case No.24 of 2026 registered under Sections 274,

                   275 of Bharatiya Nyaya Sanhita (hereinafter referred as

                   ‘B.N.S.’, 2023) and 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 6 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.45018 of 2026(2) dt.08-07-2026
                                            2/3




          the petitioner that the recovery of alleged illicit liquor was

          made from a motorcycle, bearing Registration No. BR32AT

          7671, which was involved in carrying illegal consignment of

          liquor. It is also submitted that name of petitioner arrayed

          solely for the reason that petitioner is the registered owner

          of said motorcycle. It is further argued that the bike of

          petitioner was taken by co-accused, namely, Jitendra Kumar,

          for doing some personal work. It is pointed out 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. Petitioner 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 the fact as recovery of illicit liquor prima facie

          not appears to be made from physical possession of this

          petitioner, who is a man of clean antecedent, accordingly,

          the petitioner, above-named, in the event of his arrest or
           Patna High Court CR. MISC. No.45018 of 2026(2) dt.08-07-2026
                                                       3/3




                     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 satisfaction of the

                     learned Exclusive Special Judge Excise Court, Madhubani, in

                     connection with Madhwapur P.S. Case No.24 of 2026,

                     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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