Patna High Court
Pravin Yadav @ Chhaila YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
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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
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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
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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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