Patna High Court
Raushan Kumar @ Raushan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32(2), 36, 41(1)
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
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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/-
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