Patna High Court
Sanjay RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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