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Patna High Court

Raushan Kumar @ Raushan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the seizure does not prima facie demonstrate conscious possession, and therefore granted anticipatory bail to the petitioner.

Summary

The petitioner, Raushan Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 137.850 litres seized from a poultry farm. He sought anticipatory bail, arguing that the liquor was recovered from an open public place and not from his conscious possession, and that the seizure list lacked independent witnesses, relying only on statements of co‑accused. The State opposed the bail, contending the allegations warranted detention. The court examined the facts and noted that the recovery did not prima facie establish the petitioner's possession of the liquor. Consequently, the court granted anticipatory bail, directing the petitioner to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged seizure of illicit liquor.
  • Whether the seizure of liquor from a public poultry farm establishes conscious possession by the petitioner.
  • Whether statements of co‑accused alone suffice to implicate the petitioner for the offences.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • conscious possession
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act
  • seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45520 of 2026
                    Arising Out of PS. Case No.-128 Year-2026 Thana- KATHAIYA District- Muzaffarpur
                 ======================================================
                 Raushan Kumar @ Raushan Singh, S/o Vinod Singh, R/o Village - Srishiyan,
                 P.S - Kathaiya, District - Muzaffarpur

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nachiketa Jha, Advocate
                 For the Opposite Party/s :       Mrs. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   10-07-2026                        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 Kathaiya P.S.

                   Case No.128 of 2026 registered under Sections 274, 275 of

                   the Bharatiya Nyaya Sanhita (in short ‘BNS’,2023) and

                   Sections 30(a), 32(2), 36 and 41(1) of the 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 137.850 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.45520 of 2026(2) dt.10-07-2026
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          the petitioner that the seized illicit liquor was recovered from

          a poultry farm, which is an open place accessible to the

          general public and, therefore, it cannot be said that the

          alleged recovery was made from the conscious possession of

          the petitioner. It is further submitted that seizure list also

          appears doubtful being not supported by independent

          witnesses rather than by police personnel. It is also pointed

          out that the name of the petitioner surfaced solely on the

          disclosure statement made by co-accused persons namely,

          Tuntun Kumar and Dinesh Kumar. The petitioner has four

          criminal antecedent, in which, 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 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
             Patna High Court CR. MISC. No.45520 of 2026(2) dt.10-07-2026
                                                         3/3




                       Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned Exclusive Special Judge Excise-II,

                       Muzaffarpur in connection with Kathaiya P.S. Case No.128 of

                       2026, subject to the conditions as laid down under Section

                       482(2) of the BNSS.


                                                            (Chandra Shekhar Jha, J.)
    Raushan/-

U        T


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