Patna High Court
Babulal BhuiyanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery does not prima facie establish possession by the petitioner and therefore granted anticipatory bail.
Summary
The petitioner, Babulal Bhuiyan, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise (amended) Act, 2022, based on the recovery of 50 litres of liquor from his house. He contended that he was not present at the premises, had no conscious possession of the liquor, and that the seizure list lacked independent witnesses. The Additional Public Prosecutor opposed his request for anticipatory bail. The High Court examined whether the recovery of liquor prima facie established possession by the petitioner and considered his clean antecedent. Concluding that the recovery did not demonstrate possession and noting his clean record, the Court directed that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the recovery of illicit liquor from the petitioner’s house establishes prima facie possession for offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act, 2022.
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS.
Legislation cited
- Bihar Negotiable Instruments (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amended) Act, 2022 — s. 30(a), 30(c)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45509 of 2026
Arising Out of PS. Case No.-170 Year-2025 Thana- KUTUMBA District- Aurangabad
======================================================
Babulal Bhuiyan Son of Banshi Bhuiyan @ Late Vansha Bhuiyan Resident of
Village - Khaira Barwadih, P.S.- Kutumba, District - Aurangabad (Bihar).
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Birendra Kumar Singh, Advocate
For the Opposite Party : Mr. Indu Kumari Srivastava, 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 her arrest in connection with Kutumba P.S.
Case No.170 of 2025 registered under Sections 30(a) and
30(c) of Bihar Prohibition and Excise (amended) Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 50 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
made from the house of petitioner. It is also submitted that
Patna High Court CR. MISC. No.45509 of 2026(2) dt.08-07-2026
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the name of petitioner arrayed solely for the reason that
petitioner is the owner of the said house where alleged
recovery of liquor was made. It is also submitted that
petitioner was not present 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 further
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
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
Patna High Court CR. MISC. No.45509 of 2026(2) dt.08-07-2026
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learned District and Additional Sessions Judge-cum-
Exclusive Special Judge, Excise Court No. 1, Aurangabad, in
connection with Kutumba P.S. Case No.170 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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