Uttam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34341 of 2026 Arising Out of PS. Case No.-96 Year-2026 Thana- KASIMBAZAR District- Munger ====================================================== UTTAM KUMAR, Son of Vijay Mandal, Resident of Village- Lallu Pokhar, Naglok, P.S.- Kasim Bazar and District- Munger. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashutosh Kumar Verma, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Kasim Bazar P.S. Case No.96 of 2026 registered under Sections 30(a) and 44 of the Bihar Prohibition and Excise Amendment Act, 2022.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 3.06 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for petitioner that the seized liquor was recovered from the house of the petitioner, which is a joint family property. It is

Patna High Court CR. MISC. No.34341 of 2026(3) dt.29-06-2026 2/3 further submitted that no recovery has been effected from the conscious and exclusive possession of the petitioner, and there is no material on record to establish his conscious possession of the alleged illicit liquor. It is argued that Section 103(4) of BNSS has not been complied with qua search of premises, inasmuch as no independent witness was associated with the search and seizure list and the seizure witnesses were police personnel themselves. The petitioner has two criminal antecedent.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-I,

Patna High Court CR. MISC. No.34341 of 2026(3) dt.29-06-2026 3/3 Munger in connection with Kasim Bazar P.S. Case No.96 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS. (Chandra Shekhar Jha, J.) Raushan/- U T