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Patna High Court

Babulal BhuiyanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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/-

U      T


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