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Patna High Court

Amod YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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/-

U      T


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