Patna High Court
Om Prakash Chaudhary @ Omprakash ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court granted anticipatory bail, holding that the seizure did not prima facie establish the petitioner's possession of the illicit liquor.
Summary
The petitioner, Om Prakash Chaudhary, 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, 2018, with 6.8 litres of liquor seized from an open area behind his house. He contended that the seizure was made from a public place, that he was not present, and that his name was listed only on the basis of a chowkidar’s statement, lacking any proof of his conscious possession. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined the factual submissions and noted that the liquor recovery did not appear to be from the petitioner’s physical possession. Consequently, the court directed that the petitioner be released on bail upon surrender, subject to a bond and sureties, invoking the inherent powers of the High Court under Section 482(2) of the BNSS. The bail was granted pending further proceedings.
Issues considered
- Whether anticipatory bail should be granted when the alleged illicit liquor was not in the petitioner's conscious possession
- Whether the petitioner’s inclusion in the FIR based solely on a chowkidar’s statement suffices for arrest
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Section 30
- Section 482
- bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46060 of 2026
Arising Out of PS. Case No.-98 Year-2026 Thana- SRIPUR District- Gopalganj
======================================================
Om Prakash Chaudhary @ Omprakash Chaudhary Son of Late Rangilal
Chaudhary Resident ofVillage- Sahpur Batarha, Police Station- Sripur
(Shripur), District-Gopalganj.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Shashank Shekhar, Adv.
For the Opposite Party/ : Mr. Akbar Ali, 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 Shripur(Sripur)
P.S. Case No.98 of 2026 registered under Section 30(a) of
Bihar Prohibition and Excise Act, 2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 6.8 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 house of petitioner which is an open place
Patna High Court CR. MISC. No.46060 of 2026(2) dt.10-07-2026
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accessible to general public. It is also submitted that name
of petitioner arrayed solely on the disclosure made by the
local chowkidar. It is further submitted that petitioner was
neither present at the spot nor is he in any way connected
with the seized liquor and it can be safely said that recovery
of illicit liquor was not made from conscious possession of
this petitioner. It is further pointed out that the seizure list
also appears doubtful being not supported by independent
witnesses rather than by police personnel. Explaining
criminal antecedent, it is submitted that the petitioner found
involved in two criminal cases, where 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 the 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.46060 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 District and Additional Sessions
Judge XIII-cum-Special Excise Court No.1, Gopalganj, in
connection with Shripur(Sripur) P.S. Case No.98 of 2026,
subject to the conditions as laid down under Section 482(2)
of the BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
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