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Patna High Court

Pravin Yadav @ Chhaila YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Pravin Yadav, applied for anticipatory bail after the police recovered 108.9 litres of illegal liquor from his open cattle shed in connection with an FIR under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The prosecution alleged that the liquor was stored at his residence, while the petitioner contended that the seizure was made from an open, publicly accessible area and that mandatory procedural safeguards under Sections 103 and 105 of the BNSS were violated. The petitioner also highlighted his clean antecedent. The court examined whether the circumstances justified denial of bail and considered the relevance of the alleged procedural lapses. Finding that the liquor was recovered from an open premises and noting the petitioner's good character, the court inclined to grant anticipatory bail. Accordingly, the court ordered release on anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted under Section 482(2) of the BNSS in a case of alleged illegal liquor possession.
  • Whether the recovery of liquor from an open cattle shed negates the offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
  • Whether alleged violations of Sections 103 and 105 of the BNSS in the seizure process affect the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • illegal liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Amendment Act
  • BNSS
  • Section 482(2)
  • procedural violation
  • open premises
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17651 of 2026
                   Arising Out of PS. Case No.-78 Year-2026 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Pravin Yadav @ Chhaila Yadav Son of Siho Yadav @ Kishor Yadav R/o
                 Village - Mathahi, ward no 03, P.S. - Madhepura District - Madhepura
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pawan Kumar
                 For the Opposite Party/s :      Mr.Gulnar Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Madhepura P.S. Case No. 78 of 2026, F.I.R

                   dated 23.01.2026 registered for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise

                   Amendment Act, 2022.

                                3. As per the prosecution case, from the written report

                   of informant, during night patrolling on 22.01.2026, the police

                   received secret information around 1:50 AM on 23.01.2026 that

                   Pravin Yadav @ Chhaila Yadav had stored illegal liquor at his

                   residence. Acting on this, the police reached his house, where

                   one person fled on seeing them and escaped despite being

                   chased. Upon search of the premises, a total of 108.9 litres of
Patna High Court CR. MISC. No.17651 of 2026(2) dt.25-03-2026
                                            2/3




          country-made foreign liquor was recovered from the petitioner’s

          cattle shed.

                       4. Learned counsel for the petitioner submits that

          the recovery of illicit liquor has been made from the cattle

          shed of the petitioner, which is an open place and accessible

          to general public. Petitioner is a man of clean antecedent. It

          is also submitted that there has been violation of mandatory

          provisions of law as available under Sections 103 & 105 of

          the BNSS while preparing the seizure.

                       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 of the fact as illicit

          liquor has been recovered from an open place i.e., cattle

          shed, petitioner is a man of clean antecedent, 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
               Patna High Court CR. MISC. No.17651 of 2026(2) dt.25-03-2026
                                                           3/3




                         thousand) with two sureties of the like amount each to the

                         satisfaction of learned DASJ Vth cum Special Judge, Excise

                         Court 1st Madhepura in connection with Madhepura P.S.

                         Case No. 78 of 2026 subject to the condition as laid down

                         under Section 482(2) of the B.N.S.S., 2023.


                                                                         (Ajit Kumar, J.)
S.Tripathi/-

U       T


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