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Patna High Court

Chulu Yadav @ Chunnu KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner, subject to surrender and bail bond conditions under Section 482(2) of the BNSS.

Summary

Petitioner Chulu Yadav applied for anticipatory bail fearing arrest in a case (Ara Town PS Case No. 467 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged involvement in the recovery of 60 litres of illicit liquor seized from co‑accused. The prosecution’s case is based solely on statements of the co‑accused, with no material seized from the petitioner and no independent witness to the seizure list, which the petitioner alleges violates Section 105 of the BNSS. The petitioner asserted innocence and lack of criminal antecedent, while the State opposed bail. After hearing both sides, the court found the evidence insufficient to deny bail and ordered the petitioner to surrender within four weeks and, if arrested, to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The anticipatory bail was therefore granted with specified conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the prosecution’s evidence, derived solely from co‑accused statements, satisfies the requirements for denial of bail
  • Whether the seizure list complied with Section 105 of the BNSS

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 30
  • Section 105
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23669 of 2026
                     Arising Out of PS. Case No.-467 Year-2025 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
                 Chulu Yadav @ Chunnu Kumar S/O Shivnath Yadav @ Siddnath Yadav
                 Resident of Village- Begampur, PS.- Ara Nagar, District- Bhojpur


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raju Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER
2   08-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed by the petitioner apprehending his arrest in

                   connection with Ara Town P.S. Case No. 467 of 2025 instituted

                   for the offence under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The case of the prosecution is that altogether 60

                   liters of illicit liquor was recovered from the possession of

                   apprehended co-accused persons, namely, Butan Yadav and

                   Raja Yadav. They disclosed the name of this petitioner.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.23669 of 2026(2) dt.08-05-2026
                                            2/3




          committed no offence. He has falsely been implicated in this

          case. He was not apprehended on the spot rather his name has

          transpired on the basis of disclosure made by apprehended co-

          accused persons. Recovery has been made from the possession

          of co-accused persons. Nothing has been recovered from the

          possession of this petitioner. There is no independent witness of

          the seizure list rather they are police personnel. Police has not

          complied Section 105 of BNSS while preparing the seizure list.

          A statement has been made in para-3 of this petition that the

          petitioner has got no criminal antecedent.

                       5. In contra, learned APP appearing for the State has

          opposed the prayer of bail of the petitioner.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioner on bail. The petitioner

          is directed to surrender in the Court below within a period of

          four weeks from today and in the event of his arrest or

          surrender in connection with Ara Town P.S. Case No. 467 of

          2025, he will be enlarged on bail on furnishing bail bond of Rs.

          10,000/- (Rupees ten thousand) with two sureties of the like

          amount each to the satisfaction of learned Exclusive Special

          Judge Excise Court No. 1, Bhojpur at Ara subject to the
             Patna High Court CR. MISC. No.23669 of 2026(2) dt.08-05-2026
                                                         3/3




                       conditions as laid down under section 482(2) of B.N.S.S.



                                             (Ashok Kumar Pandey, J)
lata/-
U        T


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