Patna High Court
Chulu Yadav @ Chunnu KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Narcotic and Smuggling (BNSS) Act — s. 105, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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conditions as laid down under section 482(2) of B.N.S.S.
(Ashok Kumar Pandey, J)
lata/-
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