Patna High Court
Hriday YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that anticipatory bail should be granted to the petitioner.
Summary
The petitioner, Hriday Yadav, sought anticipatory bail after being implicated in a case alleging possession of 218.175 litres of illicit liquor under Section 30(a) of the Bihar Excise and Prohibition Act. He claimed that only 1.875 litres of foreign liquor was found on his motorcycle, which he had parked while fetching groceries, and asserted he had no knowledge of the liquor's presence. The prosecution opposed the bail, but the court noted the petitioner’s lack of criminal antecedent and the absence of any recovery from his constructive possession. Relying on Section 482(2) of the BNSS, the court granted anticipatory bail subject to a bond of Rs.10,000 and several conditions, including regular court appearances and non‑interference with witnesses. The order stipulated that bail would be effective for six weeks from the date of the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case of alleged possession of illicit liquor under Section 30(a) of the Bihar Excise and Prohibition Act.
- Whether the petitioner can be said to be in constructive possession of the seized liquor.
Legislation cited
- Bihar Excise and Prohibition Act — s. 30(a)
- Bihar Negotiable Substances (BNSS) Act — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- constructive possession
- Bihar Excise and Prohibition Act
- Section 482(2) BNSS
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27471 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- Bahera District- Gaya
======================================================
Hriday Yadav, Son of Kesho Yadav, R/o Pokhariya, P.S.- Barachatti, Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar Singh, Adv.
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 13-05-2026 Heard Mr. Abhay Kumar Singh, learned counsel for
the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Bahera P.S. Case No. 22 of 2026 for the offence
punishable under sections 30 (a) of the Bihar Excise and
Prohibition Act, lodged on 26.01.2026 by the informant.
3. As per the prosecution case, 218.175 litres of illicit
liquor has been recovered.
4. Learned counsel for the petitioner submits that
altogether 134.675 litres of illicit foreign liquors and 83.75 litres
of beer have been recovered from five different motor-cycles.
The petitioner is connected with the motor-cycle i.e. Hero
Splendour-I Smart bearing Registration No. BR-02AA-1280
from where 1.875 litres foreign liquor is said to have been
Patna High Court CR. MISC. No.27471 of 2026(4) dt.13-05-2026
2/3
recovered from the motor-cycle and it is the case of the
petitioner that the petitioner has parked his motor-cycle on road
side to fetch groceries during which the incident is said to have
taken place and the petitioner is not at all aware of the fact as to
how the said liquor was there. Learned counsel for the petitioner
submits that the petitioner has no criminal antecedent and no
recovery has been made from the constructive possession of the
petitioner.
5. Learned APP opposes the prayer for anticipatory
bail.
6. Considering the fact that the incident is said to
have taken place while the petitioner has parked his motorcycle
on the side of the road and has gone to fetch groceries, he has
got no criminal antecedent and no recovery has been made from
the constructive possession of the petitioner, this Court is
inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of six
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of learned Exclusive Special Excise,
Court No.- 5, Gaya in connection with aforesaid PS Case,
Patna High Court CR. MISC. No.27471 of 2026(4) dt.13-05-2026
3/3
subject to the conditions as laid down under Section 482(2) of
the BNSS as well as the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his bail bond by
the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Ajit Kumar, J)
perwez/Suryadev
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.