Patna High Court
Yogendra Prasad Sah @ Yojendra Prasad Sah @ Yogendra SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond, sureties and statutory conditions.
Summary
The petitioner, Yogendra Prasad Sah, sought anticipatory bail after an FIR alleged that 38.7 litres of Nepali liquor were recovered from the rooftop of his joint‑family house under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He contended that the identification was made solely by a local watchman, that the raid was conducted in the absence of any resident and without any independent witness or signature of a family member, and that he has no prior criminal record. The State opposed the bail on the basis of the allegations in the FIR. The Court, after considering the circumstances, granted anticipatory bail, directing that the petitioner be released on bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs 10,000 with two sureties of equal amount. The bail was conditioned on compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the alleged seizure of illicit liquor under the Bihar Prohibition and Excise Amendment Act, 2022
- Whether the circumstances of the search and seizure justify denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act
- illegal liquor
- search and seizure
- Cr.P.C. Section 438
- BNSS Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27367 of 2026
Arising Out of PS. Case No.-96 Year-2026 Thana- PALASI District- Araria
======================================================
Yogendra Prasad Sah @ Yojendra Prasad Sah @ Yogendra Sah S/O Late
Munilal Sah R/O Village- Balua (Kaliyaganj), P.S- Palasi, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Amendment Act, 2022.
3. The allegation in the First Information Report is
that 38.700 litres of Nepali liquor recovered from the rooftop of
the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner had been identified by the local chaukidar. Learned
counsel further submits that the recovery has been made from a
joint family house. There is no independent witness to the
search and seizure and it does not bear the signature of any
family member or resident of the said house, as such, the raid
Patna High Court CR. MISC. No.27367 of 2026(2) dt.01-05-2026
2/2
was conducted in absence of the residents. The petitioner has no
criminal antecedent.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioner, be
released on bail, in the event of his arrest or surrender before the
learned Court below within a period of four weeks from today,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
Court in connection with Palasi P.S. Case No. 96 of 2026,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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