Patna High Court
Sandeep Yadav @ Sandeep Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted, directing the petitioner’s release on bail bond subject to statutory conditions.
Summary
The petitioner, Sandeep Yadav, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, with 45 litres of liquor seized from two motorcycles. The petitioner argued that the seized liquor was not in his physical possession and that the only link to him was the testimony of a co‑accused, Sukat Kumar, who was caught on the spot. He also highlighted the lack of independent witnesses to the seizure list and noted his prior similar charges for which he is out on bail. The Additional Public Prosecutor opposed the petition for anticipatory bail. Considering that the recovery did not appear to be from the petitioner’s direct possession, the court directed that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner when the seized illicit liquor was not found in his physical possession and the only link is the co‑accused’s statement.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- excise law
- Section 30
- seizure
- co‑accused testimony
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44736 of 2026
Arising Out of PS. Case No.-173 Year-2026 Thana- MALAHI District- East Champaran
======================================================
Sandeep Yadav @ Sandeep Kumar Yadav S/o Bheem Yadav R/o Village -
Majhariya, P.S. - Malahi, Dist. - East Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mrs. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 07-07-2026 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 Malahi P.S. Case
No.173 of 2026 registered under Section 30(a) 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 45 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
two Bikes bearing Registration No. BR-22-E3798 and
Patna High Court CR. MISC. No.44736 of 2026(2) dt.07-07-2026
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Registration No. BR-05-AL-5882. It is further submitted that
nothing has been recovered from the conscious possession of
the petitioner. It is further submitted that seizure list also
appears doubtful being not supported by independent
witnesses rather than by police personnel. It is also pointed
out that the name of the petitioner surfaced solely on the
disclosure made by co-accused, namely, Sukat Kumar, who
was apprehended on the spot. The petitioner has two
criminal antecedent of similar nature, in which, he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking 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 Special Judge, Excise Court No.-
Patna High Court CR. MISC. No.44736 of 2026(2) dt.07-07-2026
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01, East Champaran, Motihari in connection with Malahi P.S.
Case No.173 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
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