Created by Fuzzy Cloud

Patna High Court

Sanjay RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail as the recovered liquor was not in his conscious physical possession.

Summary

The petitioner, Sanjay Ram, 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 22 litres of liquor recovered from an open area near his village. The petitioner’s counsel argued that the liquor was not found in his conscious physical possession and that the seizure list was unreliable, being based on police testimony rather than independent witnesses. The State opposed the bail application. The court noted the lack of direct possession and, considering the circumstances, ordered that the petitioner be released on bail upon surrendering within four weeks, posting a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail was directed to be granted by the Special Judge Excise‑II, Aurangabad, where the trial is pending.

Issues considered

  • Whether the petitioner is entitled to bail despite the recovery of illicit liquor in the vicinity of his residence.
  • Whether the seizure of liquor, not being in the petitioner’s conscious possession, suffices as evidence of his involvement under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • bail
  • illegal liquor
  • prohibition act
  • conscious possession
  • seizure
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9902 of 2026
                     Arising Out of PS. Case No.-296 Year-2025 Thana- HASPURA District- Aurangabad
                 ======================================================
                 Sanjay Ram S/o Ram Dahin Ram R/o Village- Barely Chak, P.S- Haspura,
                 Dist- Aurangabad, Bihar.
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sunil Kumar Dubey
                 For the Opposite Party/s :       Mr.Md. Iftekhar Mahmood
                 ======================================================
                 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 Haspura P.S. Case

                   No.296 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 22 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

                   bush near Barely Chak More pond i.e., an open place easily

                   accessible by general public, where nothing recovered from the

                   conscious physical possession of the petitioner. It is also submitted

                   that seizure list appears doubtful being not supported by
               Patna High Court CR. MISC. No.9902 of 2026(2) dt.17-02-2026
                                                           2/2




                         independent witnesses rather by police personnels. While

                         concluding the argument it is submitted that petitioner found

                         involved in one more case, where he is on bail.

                                         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 Special Judge

                         Excise-II, Aurangabad/concerned trial court where the case is

                         pending in connection with Haspura P.S. Case No.296 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.