Created by Fuzzy Cloud

Patna High Court

Suran Yadav @ Surendra Yadav @ BaukaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is warranted where the accused lacks possession of the contraband and the recovery was from a public place, rendering the accusation merely suspicion.

Summary

The petitioner, Suran Yadav, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 15 litres of illicit liquor was recovered from an open place. The prosecution alleged the offence, but no incriminating material was found in the petitioner's conscious possession and he claimed he had no involvement, being implicated merely on suspicion. The State opposed the petition for anticipatory bail. The Court examined the nature of the accusation and the fact that the recovery was from a public area accessible to all, concluding that the petitioner’s lack of possession weakened the case against him. Accordingly, the Court granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail‑bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order also stipulated compliance with the District and Additional Sessions Judge‑cum‑Exclusive Special Excise Judge‑II, Araria.

Issues considered

  • Whether anticipatory bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged contraband was recovered from an open place and the accused has no possession of it

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • possession
  • suspicion
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22588 of 2026
                         Arising Out of PS. Case No.-511 Year-2025 Thana- PALASI District- Araria
                 ======================================================
                 Suran Yadav @ Surendra Yadav @ Bauka S/o Anandi Yadav @ Andulal
                 Yadav R/o Village- Dhapri, Ward No.01, P.S- Palasi, Dist- Araria, State-
                 Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Madhav Jha, Advocate
                 For the Opposite Party/s :        Mr. Nand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution case, 15 litres illicit liquor was

                   recovered from an open place.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner has got no concern with

                   the alleged recovery and he has been made accused in this case

                   merely on suspicion. Recovery has been made from an open

                   place, accessible to one and all.

                                5. Learned A.P.P. for the State opposed the bail
              Patna High Court CR. MISC. No.22588 of 2026(2) dt.15-04-2026
                                                          2/2




                        application.

                                     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 District and

                        Additional Sessions Judge-cum-Exclusive Special Excise

                        Judge-II, Araria in connection with Palasi P. S. Case No. 511 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.