Patna High Court
Suran Yadav @ Surendra Yadav @ BaukaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
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
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