Patna High Court
Bharat PanjiyarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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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/-
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