Patna High Court
Amod YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that because the illicit liquor was not recovered from the petitioner's constructive possession, anticipatory bail must be granted.
Summary
Amod Yadav applied for anticipatory bail after the police recovered 83 litres of country-made liquor and destroyed 150 litres of semi‑prepared liquor from a house that he jointly occupies. The prosecution alleged that Yadav was selling illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. Yadav contended that the recovery was made from a kitchen used jointly by family members and that no liquor was found in his constructive possession, making the case based merely on suspicion and his past record. The Additional Public Prosecutor opposed the bail, but the court noted the lack of direct possession and the joint nature of the premises. Accordingly, the court granted anticipatory bail subject to a bail bond of Rs. 10,000 and two sureties, under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail can be granted when illicit liquor is recovered from a premises jointly occupied by the accused and not from his constructive possession.
- Whether the allegations under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, justify denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- constructive possession
- illicit liquor
- joint possession
- Bihar Prohibition and Excise Amendment Act
- B.N.S.S.
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11611 of 2026
Arising Out of PS. Case No.-242 Year-2025 Thana- SHANKARPUR District- Madhepura
======================================================
Amod Yadav son of Jitendra Yadav Resident Of Village- Navtoliya
Shankarpur, Ward No 14, P S -Shankarpur, District -Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pooja Prasad, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Shankarpur P.S. Case No.242 of 2025, F.I.R
dated 23.11.2025 registered for the offences punishable under
Sections 30(a) of the Bihar Prohibition and Excise Amendment
Act, 2018.
3. As per the prosecution case, on 23.10.2025 at about
6:00 PM, the informant received secret information that Amod
Yadav was selling country-made liquor. Acting on this
information, the police reached his house, where two persons
carrying gallons attempted to flee and successfully escaped.
Upon searching the kitchen, the police recovered 83 liters of
Patna High Court CR. MISC. No.11611 of 2026(2) dt.17-02-2026
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country-made liquor and destroyed 150 liters of semi-prepared
liquor at the spot.
4. Learned counsel for the petitioner submits that the
recovery is said to have been made from a house which is in
joint possession and the kitchen from where the recovery is
shown, is being jointly used by all family members and merely
on the basis of suspicion and looking to his previous criminal
antecedent, he has been roped in the present case.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession and / or
premises belonging to the petitioner, accordingly, this Court is
inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned District Additional Sessions Judge-V-cum-Special Judge
Excise-I, Madhepura, in connection with Shankarpur P.S. Case
Patna High Court CR. MISC. No.11611 of 2026(2) dt.17-02-2026
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No.242 of 2025 subject to the condition as laid down under
Section 482(2) of the B.N.S.S., 2023.
(Ajit Kumar, J)
sharun/-
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