Patna High Court
Sunny RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted as the recovery of illicit liquor does not prima facie establish the petitioner’s possession.
Summary
The petitioner, Sunny Raj, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, with 34.56 litres of liquor recovered from a pick‑up van. The petitioner’s counsel argued that the liquor was not found in his conscious physical possession and that he has a clean antecedent. The State opposed the bail application. The court noted that the recovery did not prima facie establish possession by the petitioner and, considering the facts, directed that he be released on bail if he surrenders within four weeks, 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 directed to be complied with by the Special Exclusive Excise Court No. II, Supaul. The decision reflects the court’s discretion to grant bail where the evidence of possession is lacking.
Issues considered
- Whether the petitioner is entitled to bail under Section 438 of the Criminal Procedure Code in view of the alleged offences under the Bihar Prohibition and Excise Act
- Whether the recovery of illicit liquor establishes conscious physical possession sufficient to deny bail
Legislation cited
- Bihar Narcotic and Excise (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illicit liquor
- possession
- excise law
- criminal procedure
- section 438
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45668 of 2026
Arising Out of PS. Case No.-380 Year-2025 Thana- Excise P.S. District- Supaul
======================================================
Sunny Raj Son of Sri Balram Prasad Sah Resident of Basbitti Road Hussain
Chowk, Ward No 17, PS and District -Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrit Abhijat
For the Opposite Party/s : Mr.Damodar Prasad Tiwary
======================================================
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 Supaul Prohibition P.S.
Case No.380/2025 registered for the offences punishable under
Sections 30 (a) and 32(3) 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 34.56 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 pick-up van bearing registration no. BR 50 GD 9589. It is
submitted that recovery was not made from conscious physical
possession of the petitioner, who is a man of clean antecedent.
Patna High Court CR. MISC. No.45668 of 2026(2) dt.10-07-2026
2/2
5. Learned APP, opposes the prayer for bail.
6. In view of aforesaid factual submission and by
taking note of fact 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
Special Exclusive Excise Court No. II, Supaul/concerned trial
court where the case is pending in connection with Supaul
Prohibition P.S. Case No.380/2025 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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