Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery was not prima facie made from the petitioner's physical possession, and therefore granted bail.
Summary
The petitioner, Raja Kumar, was named in an FIR for alleged illegal trading and manufacturing of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 132 litres of liquor recovered from a motorcycle. He contended that the motorcycle was not his, that he had no physical possession of the liquor, and that the seizure list lacked independent witnesses. The State opposed his bail application. The court examined whether the recovery was prima facie linked to the petitioner’s possession and found it was not. Consequently, the court directed that the petitioner be released on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail order was conditioned on surrender before the trial court within four weeks.
Issues considered
- Whether the recovery of illicit liquor is prima facie linked to the petitioner’s possession for bail considerations.
- Whether bail can be granted under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS in a case involving alleged illegal liquor trade.
- Whether the lack of independent witnesses in the seizure list affects the validity of the charge.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illegal liquor
- Bihar Prohibition and Excise Act
- physical possession
- seizure
- Section 30
- Cr.P.C. Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45663 of 2026
Arising Out of PS. Case No.-316 Year-2026 Thana- VAISHALI District- Vaishali
======================================================
Raja Kumar Son of Amar Jeet Singh Resident of Jarang Rampur, P.S.- Belsar
O.P., District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok
For the Opposite Party/s : Mr.Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Vaishali (Belsar O.P)
P.S. Case No.316/2026 registered for the offences punishable
under Section 30 (a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engage in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 132 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor was made from
the motorcycle. It is further submitted that motorcycle in issue is
not connected in any manner with petitioner. It is submitted that
recovery was not made from the conscious physical possession of
the petitioner, who is a man of clean antecedent. It is also
Patna High Court CR. MISC. No.45663 of 2026(2) dt.10-07-2026
2/2
submitted that seizure list appears doubtful being not supported
by independent witnesses rather by local chowkidaar.
5. Learned APP, opposes the prayer for bail.
6. In view of the facts and circumstances as
mentioned above as recovery of illicit liquor prima-facie not
appears to be made from the physical possession of this
petitioner, accordingly the petitioner above named, in the event
of his arrest or surrender before the learned trial court within a
period of four weeks, is directed to be released on bail, furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court 2nd cum District and Additional
Sessions Judge, Vaishali at Hajipur/concerned trial court where
the case is pending in connection with Vaishali (Belsar O.P) P.S.
Case No.316/2026 subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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