Patna High Court
Sunil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the nature of the accusation and the recovery of the illicit liquor from a field not belonging to the petitioner, anticipatory bail is warranted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Petitioner Sunil Yadav sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, where 33.06 litres of illicit liquor were recovered from an open field. The prosecution alleged his involvement, but the petitioner argued that no incriminating material was found on his person, the field did not belong to him, and his name only surfaced during investigation. The State opposed the bail. The court examined the nature of the accusation and the fact that the contraband was recovered from a location unrelated to the petitioner. It consequently granted anticipatory bail, directing the petitioner to surrender within eight weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case under the Bihar Prohibition and Excise Act.
- Whether the recovery of illicit liquor from a field not owned by the petitioner justifies denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19981 of 2026
Arising Out of PS. Case No.-205 Year-2025 Thana- PALANWA District- East Champaran
======================================================
Sunil Yadav S/o Sheo Mangal Rai @ Mangal Rai R/o village Saunaha P.S.
Palanwa, Dist.-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar II, Advocate
For the Opposite Party/s : Ms. Asha Devi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 30(a), 41(1) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 33.06 litres illicit liquor
was recovered from an open field.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. The field in question does not
belong to the petitioner. Petitioner has got no concern with the
alleged recovery and his name transpired in this case during
investigation.
5. Learned A.P.P. for the State opposed the bail
application.
Patna High Court CR. MISC. No.19981 of 2026(2) dt.08-04-2026
2/2
6. Considering nature of accusation and place of
recovery, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court-2, East Champaran, Motihari in connection with
Palanwa P. S. Case No. 205 of 2025, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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