Patna High Court

Vishal Kumar @ Vishal PrasadversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court held that the seizure did not constitute conscious possession by the petitioner and therefore granted bail.

Summary

Vishal Kumar was arrested in connection with a 2021 case alleging illegal manufacturing and trading of illicit liquor under several provisions of the Bihar Prohibition and Excise Amendment Act. The police seized 100 litres of Mahua liquor from the bank of a river and claimed it belonged to the petitioner. The petitioner contended that the liquor was recovered from an open public place and that he had no conscious physical possession of it, also noting the lack of independent witnesses to the seizure. The State opposed bail, citing the seriousness of the offences and the petitioner's involvement in another criminal case. The court, after considering the factual submissions, concluded that the seizure did not amount to conscious possession and ordered the petitioner released on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS.

Issues considered

Whether the seized Mahua liquor was in the conscious physical possession of the petitioner.
Whether bail should be granted in view of the alleged offences under the Bihar Prohibition and Excise Amendment Act.
Whether the seizure was lawful given the absence of independent witnesses.

Legislation cited

BNSS — s. 482(2)

Subjects

bail
illegal liquor
possession
Bihar Prohibition and Excise Amendment Act
Section 482(2) BNSS
seizure
Mahua
excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6798 of 2026
                         Arising Out of PS. Case No.-484 Year-2021 Thana- FATUA District- Patna
                 ======================================================
                 Vishal Kumar @ Vishal Prasad S/O Jaglal Singh @ Jaglal Prasad R/O Village
                 - Bhagwanpur, P.S- Fatuha, District- Patna.               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar.                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sushant Pratap Singh, Advocate
                 For the Opposite Party/s :       Mr.Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   13-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                2. The accused/petitioner apprehending his arrest in

                   connection with Fatuha P.S. Case No. 484 of 2021 registered for

                   the offences punishable under Sections 30(a), 33, 34, 36, 41

                   56(b) of Bihar Prohibition and Excise Amendment Act.

                                3. The allegation against the petitioner is to be engaged

                   in illegal trading/manufacturing of illicit liquor, where, there is

                   recovery of 100 litres of country made Mahua from the bank of

                   river.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that the alleged recovery of Mahua appears

                   to be made from open place i.e. bank of river, accessible by

                   general public and, therefore, it can be safely said that recovery of

                   alleged mahua was not made from conscious physical possession
            Patna High Court CR. MISC. No.6798 of 2026(2) dt.13-02-2026
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                      of this petitioner. It is submitted that even the seizure list not

                      appears supported by independent witnesses, rather by home

                      guard personnels. While concluding argument, it is submitted that

                      petitioner found involved in one more criminal case, where he is on

                      bail.

                                   5. Learned APP opposed the prayer of bail.

                                   6. In view of aforesaid factual submissions and by

                      taking note of fact as recovery of alleged mahua liquor prima facie

                      not appears to be made from the conscious physical possession of

                      this petitioner rather from an open place, accessible by general

                      public, accordingly, above named petitioner, in the event of his

                      arrest or surrender before the learned trial Court, within a period

                      of four weeks of the order, is directed to be released on bail

                      furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of the

                      learned Exclusive Special Court of Excise, Patna City/concerned

                      Court, where the case is pending in connection with Fatuha P.S.

                      Case No. 484 of 2021 subject to the conditions as laid down

                      under Section 482(2) of the BNSS.



                                            (Chandra Shekhar Jha, J)
veena/-
U       T

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