Patna High Court
Anil ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner subject to prescribed conditions.
Summary
The petitioner, Anil Choudhary, was named in an FIR for allegedly possessing two litres of illicit liquor and engaging in illegal trade under Section 30(a) of the Bihar Prohibition and Excise Act. The liquor was recovered from a pile of wood behind his house, an open area accessible to the public, and the petitioner claimed he had no conscious physical possession of the contraband. He applied for anticipatory bail, arguing that he is a man of clean antecedent and that the recovery was not made from his direct possession. The State opposed the bail on the ground of the alleged offence. The Court examined the factual submissions and noted the lack of evidence of conscious possession, and consequently ordered that the petitioner be granted anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 and two sureties, and compliance with conditions under Section 438(2) of the Cr.P.C and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order directs the petitioner to appear before the Special Excise Judge in Bettiah for final bail formalities.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged possession of illicit liquor under the Bihar Prohibition and Excise Act.
- Whether the recovery of liquor from an open area constitutes conscious physical possession sufficient to deny bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 438(2), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- Bihar Prohibition and Excise Act
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9620 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- Manuapul District- West Champaran
======================================================
Anil Choudhary, son of Late Banka Choudhary, Resident of village-Ptarkha,
P.S.- Manuapul, Dist- West Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner is named in the F.I.R. and
apprehending his arrest in connection with Manuapul P.S.
Case No.193 of 2025 registered for the offence punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to have in
possession of 2 litres of illicit liquor and engaged in illegal
trading/manufacturing of illicit liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that name of petitioner transpired on the
basis of suspicion arising out of disclosure made by local
Choukidar namely, Manoj Hazara. It is submitted that alleged
Patna High Court CR. MISC. No.9620 of 2026(2) dt.17-02-2026
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recovery of illicit liquor was made from accumulated wood
kept behind his house, which is an open place and accessible
to general public. It is submitted that recovery of illicit liquor
was not made from conscious physical possession of this
petitioner, who claims to be a man of clean antecedent.
5. Learned A.P.P. for the State has opposed the
prayer for anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and
by taking note of the fact as recovery of illicit liquor prima-
facie not appears to be made from conscious physical
possession of this petitioner, who is a man of clean
antecedent, accordingly, above-named petitioner, in the event
of his arrest/surrender within a period of four weeks from this
order, is directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Judge Excise-1st, Bettiah, West
Champaran/concerned court in connection with Manuapul P.S.
Case No.193 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/Section 482(2) of the
Patna High Court CR. MISC. No.9620 of 2026(2) dt.17-02-2026
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Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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