Patna High Court
Sunil Yadav @ Sunil Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that bail must be granted as no illicit liquor was found in the petitioner's possession, indicating the absence of a prima facie case.
Summary
The petitioner, Sunil Yadav, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, after 327 litres of liquor were recovered from a vehicle. The petitioner contended that his name appeared only because a co‑accused, Jeet Kumar Yadav, had disclosed it, and that he had no physical possession of the seized liquor or the vehicle. The State opposed the petitioner's bail application. The Court examined whether there was a prima facie case linking the petitioner to the recovered liquor. Finding that no illicit liquor was recovered from the petitioner's possession, the Court directed that he be released on bail, subject to a bond and sureties, and the conditions of Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order thus granted bail to the petitioner pending trial.
Issues considered
- Whether bail should be granted to the petitioner when no illicit liquor has been recovered from his physical possession.
- Whether the petitioner’s inclusion in the FIR, based solely on a co‑accused’s disclosure, establishes a prima facie case for continued detention.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- illegal liquor
- prohibition act
- Section 30(a)
- Criminal Procedure Code
- possession
- co‑accused disclosure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19522 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- SAKATPUR District- Darbhanga
======================================================
Sunil Yadav @ Sunil Kumar Yadav Son of Ram Savak Yadav R/o Village -
Dewana, P.S. - Sakatpur, Dist. - Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saroj Kumar, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 31-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner is named in F.I.R. and
apprehending his arrest in connection with Sakatpur P.S. Case
No. 16 of 2026, registered for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 327 litres of IMFL/country made liquor from
the vehicle.
4. Learned counsel appearing on behalf of the
petitioner submitted that the name of this petitioner appears in
this case on the basis of disclosure of co-accused, Jeet Kumar
Yadav, suggesting that recovery not appears to be made from
Patna High Court CR. MISC. No.19522 of 2026(2) dt.31-03-2026
2/2
conscious physical possession of this petitioner. It is also
submitted that petitioner is also not connected in any manner
with seized vehicle.
5. Learned APP opposes the prayer of bail.
6. Considering the aforesaid facts and circumstances
and by taking note of fact as no illicit liquor prima facie appears
to be recovered from the physical possession of this petitioner,
accordingly, above named petitioner, in the event of his arrest or
surrender before the learned trial Court, within a period of four
weeks of the order, is directed to be released on bail furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge-II (Excise Act), Darbhanga/concerned
Court, where the case is pending in connection with Sakatpur
P.S. Case No. 16 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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