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Patna High Court

Sandeep Yadav @ Sandeep Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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