Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail, holding that the recovery of illicit liquor was not made from the conscious physical possession of the petitioners.
Summary
The petitioners, Raushan Kumar and Chandeshwar Rai, were named in an FIR for alleged illegal manufacturing and trading of illicit liquor, with 795.870 litres of IMFL recovered in an Excise case. They contended that the seized liquor was not in their conscious physical possession and that the seizure list lacked independent witness support. The State opposed bail, arguing the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The Court examined the evidentiary basis of the seizure and noted the absence of direct possession by the accused. Relying on Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, the Court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to surrender within four weeks.
Issues considered
- Whether bail should be granted when the seized illicit liquor is not shown to be in the conscious possession of the accused.
- Whether the seizure list, lacking independent witnesses, is sufficient to sustain the charge under Section 30(a) of the Bihar Prohibition and Excise Act.
- Applicability of Section 438(2) Cr.P.C. and Section 482(2) BNSS in granting bail in an excise offence.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- illegal liquor
- excise law
- conscious possession
- seizure
- Criminal Procedure Code
- Section 30
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9840 of 2026
Arising Out of PS. Case No.-2205 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
1. Raushan Kumar Son of Chandeshwar Rai @ Chandeshwar Prasad Yadav
R/o Village - Raghopur, Ward no. - 08, P. S - Ahiyapur, District -
Muzaffarpur.
2. Chandeshwar Rai @ Chandeshwar Prasad Yadav Son of Late Mahavir Ray
R/o Village - Raghopur, Ward no. - 08, P. S - Ahiyapur, District -
Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Mr.Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard the parties.
2. The accused/petitioners are named in the F.I.R.
and apprehending their arrest in connection with Excise P.S. Case
No. 2205 of 2025 registered for the offences punishable under
Section 30 (a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioners is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 795.870 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioners submitted that recovery of illicit liquor was made from
the hut and admittedly the same is not recovered from the
conscious physical possession of these petitioners, who are men of
Patna High Court CR. MISC. No.9840 of 2026(2) dt.17-02-2026
2/2
clean antecedent. While concluding the argument it submitted that
seizure list appears doubtful being not supported by independent
witnesses rather by police personnels.
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 these petitioners, accordingly
both-above named petitioners, in the event of their arrest or
surrender before the learned trial court within a period of four
weeks, are 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 Judge, Excise-II, Muzaffarpur/concerned trial court where
the case is pending in connection with Excise P.S. Case No. 2205
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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