Patna High Court
Om Prakash Chaurasiya @ Om Prakash Prasad ChaurasiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as the recovery of illicit liquor was not from the petitioner's conscious possession, subject to statutory conditions.
Summary
The petitioner, Om Prakash Chaurasiya, 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 220 litres of liquor recovered from a river bank. He argued that the liquor was not in his conscious physical possession and that his prior involvement in six other cases, for which he is on bail, should not preclude bail in the present matter. The State opposed the bail application. The court examined the fact that the seized liquor was recovered from a public area and not directly linked to the petitioner’s possession. Considering these facts and the legal precedent of Prabhakar Tewari v. State of Uttar Pradesh, the court granted bail, 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 implemented by the Exclusive Special Excise Court‑III, East Champaran.
Issues considered
- Whether bail should be granted when the alleged illicit liquor was recovered from a public area and not from the petitioner's conscious possession.
- Whether the petitioner's prior criminal antecedents and pending cases preclude the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedents
- possession
- Cr.P.C. Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9801 of 2026
Arising Out of PS. Case No.-381 Year-2025 Thana- MEHSI District- East Champaran
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Om Prakash Chaurasiya @ Om Prakash Prasad Chaurasiya S/o Late Bharat
Bhagat R/o Village - Tarapakad, P.S - Mehsi, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Mehsi P.S. Case No.
381 of 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 220 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor is made from the
open area i.e., bank of river, which is accessible by general public,
where nothing recovered from the conscious physical possession of
the petitioner. While concluding the argument, it is submitted that
merely on the ground of criminal antecedents, as petitioner found
involved in six more cases, where he is on bail, prayer of bail of
Patna High Court CR. MISC. No.9801 of 2026(2) dt.17-02-2026
2/2
petitioner should not ordinarily be rejected, if merit of this case
appears in favour of petitioner. In support of his submission
learned counsel relied upon the legal report of Hon’ble Supreme
Court as available through Prabhakar Tewari Vs. State of
Uttar Pradesh and Another, [(2020) 11 SCC 648].
5. Learned APP, opposes the prayer for bail.
6. In view of the facts and circumstances as
mentioned above as recovery of illicit liquor not appears to be
made from the conscious 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-III, East Champaran, Motihari/concerned
trial court where the case is pending in connection with Mehsi P.S.
Case No. 381 of 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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