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Patna High Court

Golu Kumar @ Rajiv KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted anticipatory bail, holding that the petitioner was not in conscious possession of the seized liquor and therefore warranted release on bail.

Summary

The petitioner, Golu Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 54 litres seized from behind his bathan. He contended that the liquor was not in his conscious possession, he was not present at the site, and the seizure was based solely on the testimony of a local chowkidar without independent witnesses. The Additional Public Prosecutor opposed anticipatory bail. The court examined the factual submissions and noted the lack of direct possession and the petitioner's clean antecedents. Relying on Section 482(2) of the Criminal Procedure Code, the court directed that the petitioner be released on bail upon surrender, subject to a bail bond of Rs.10,000 and two sureties. The bail was granted conditionally, pending surrender within four weeks.

Issues considered

  • What is the applicability of anticipatory bail under Section 482(2) of the CrPC when the accused is not in direct possession of the alleged illicit liquor?
  • Whether the seizure of liquor based solely on a chowkidar's statement suffices to establish possession for bail considerations?

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • Section 30
  • Section 482
  • bail bond

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.45540 of 2026
                    Arising Out of PS. Case No.-27 Year-2026 Thana- MUSAHARI District- Muzaffarpur
                 ======================================================
                 Golu Kumar @ Rajiv Kumar Son of Raju Sah Resident of Village- Nayagaon
                 @ Chapra Megh, P.S.- Musahari, District- Muzaffarpur

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr. Ravi Ranjan, Advocate
                 For the Opposite Party :         Mr. Indu Kumari Srivastava, 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 Musahari P.S.

                   Case No.27 of 2026 registered under Section 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 54 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that recovery of alleged illicit liquor was made

                   from behind the bathan of the petitioner which is an open
Patna High Court CR. MISC. No.45540 of 2026(2) dt.10-07-2026
                                            2/3




          place accessible to general pubic. It is also submitted name

          of petitioner arrayed solely on the disclosure made by the

          local chowkidar. It is also submitted that recovery of illicit

          liquor was not made from conscious possession of this

          petitioner and also the petitioner was not present at the

          spot. 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.45540 of 2026(2) dt.10-07-2026
                                                       3/3




                     learned Exclusive Special Judge Excise Court No. III,

                     Muzaffarpur, in connection with Musahari P.S. Case No.27 of

                     2026, 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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