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Patna High Court

Roni SahaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the recovery of illicit liquor did not prima facie constitute conscious physical possession by the petitioner.

Summary

The petitioner, Roni Saha, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 720 ml of liquor recovered from a scooty he owned. The petitioner argued that the liquor was not in his conscious physical possession and that he has a clean antecedent. The State opposed bail, citing the seriousness of the offence. The court noted that the recovery did not appear to be from the petitioner's direct possession and, considering the facts, directed that he be released on bail upon surrender within four weeks, subject to a bail 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 compliance with the Exclusive Special Excise Court and the trial court where the case is pending.

Issues considered

  • What is the applicability of bail under Section 438(2) of the Cr.P.C. in a case of alleged illegal liquor manufacturing under the Bihar Prohibition and Excise Act?
  • Whether the recovery of illicit liquor from a vehicle owned by the accused constitutes conscious physical possession sufficient to deny bail.

Legislation cited

Subjects

  • bail
  • illegal liquor
  • possession
  • Section 30
  • Prohibition Act
  • Criminal Procedure Code
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45726 of 2026
                    Arising Out of PS. Case No.-524 Year-2025 Thana- PURNEA SADAR District- Purnia
                 ======================================================
                 Roni Saha Son of Raj Kumar Sah Resident of Village- Shiv Nagar
                 Khukshibag, Ward No. -41, P.S.- Sadar, District- Purnea.
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sumit Kumar Bhagat
                 For the Opposite Party/s :       Mr.Rajesh Kumar
                 ======================================================
                 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 Sadar Thana P.S. Case

                   No.524/2025 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 720 ml of IMFL/country made liquor.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submitted that recovery of illicit liquor was made from

                   the scooty. It is further submitted that petitioner being owner of

                   the alleged scooty was implicated in the present case. 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.45726 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

                         Exclusive Special Excise Court No. 1, Purnea/concerned trial

                         court where the case is pending in connection with Sadar Thana

                         P.S. Case No.524/2025 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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