Patna High Court

Surendra YadavversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: AJIT KUMAR

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and sureties, under Section 482(2) of the B.N.S.S., 2023.

Summary

Surendra Yadav applied for anticipatory bail fearing arrest in a 2013 case (Warisaliganj G.O. Case No.41) under Section 47(a) of the Bihar Prohibition and Excise Amendment Act, 2018 for alleged illegal liquor manufacturing. The police, acting on a tip from an ASI, raided an open area in Bishanpura village and seized 90 litres of country-made liquor and 1500 kg of fermented Jawa Mahua, preparing a seizure list in the presence of witnesses. The petitioner contended that the seizure was made from a public space, that he had no criminal antecedent, and that the search violated the procedures prescribed under the Bihar Narcotic and Smuggling (B.N.S.S.) Act. The State opposed the bail, arguing the seriousness of the offence. The High Court, noting that the illicit liquor was not recovered from the petitioner’s constructive possession or premises, granted anticipatory bail subject to a Rs.10,000 bond and two sureties, invoking Section 482(2) of the B.N.S.S., 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S., 2023.
Whether the police search and seizure complied with the procedural requirements of the B.N.S.S. Act.
Whether the petitioner’s alleged involvement in the illegal liquor offence warrants denial of bail.

Subjects

anticipatory bail
illegal liquor
search and seizure
Section 47(a)
Section 482(2)
Bihar Prohibition Act
criminal procedure
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11613 of 2026
                   Arising Out of PS. Case No.-41 Year-2013 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Nawada
                 ======================================================
                 Surendra Yadav S/o Manohar Yadav R/o Village- Bishanpur, Ward no. 18,
                 P.O. - Sambey, PS- Warisaliganj, Distt.- Nawada

                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Pramod Kumar Verma, Advocate
                 For the Opposite Party/s :    Mr. Rajesh Kumar, 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 Warisaliganj G.O. Case No.41 of 2013, F.I.R

                   dated 27.02.2013 registered for the offences punishable under

                   Sections 47(a) of the Bihar Prohibition and Excise Amendment

                   Act, 2018.

                                3. As per the prosecution case, the informant, an ASI

                   of Dalsingsarai, received secret information about illegal liquor

                   manufacturing activities in Bishanpura village by Surendra

                   Yadav and another person. Acting on this information, the police

                   conducted a raid, searched the locations, and recovered 90 liters

                   of country-made liquor and 1500 kg of fermented Jawa Mahua.
Patna High Court CR. MISC. No.11613 of 2026(2) dt.17-02-2026
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          A seizure list was prepared in the presence of two witnesses.

                       4. Learned counsel for the petitioner submits that the

          place of recovery is from an open space, which is accessible to

          all and the petitioner has falsely been implicated in the present

          case due to dirty village politics. The petitioner has no criminal

          antecedent and the search and seizure is said to have been made

          without adhering to the procedures / provisions prescribed under

          the B.N.S.S. Act.

                       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 Exclusive Special Court, Excise-2, Nawada, in

          connection with Warisaliganj G.O. Case No.41 of 2013 subject
           Patna High Court CR. MISC. No.11613 of 2026(2) dt.17-02-2026
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                     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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