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Patna High Court

Virendra Yadav @ Birendra Yadav @ Biru @ Virendra Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

Virendra Yadav was named in an FIR for allegedly possessing 1,305 litres of illicit liquor and engaging in illegal manufacturing under Sections 274, 275, 3(5) of the Bhartiya Nagarik Suraksha Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, arguing that the liquor was recovered from an open public place and that he had no conscious physical possession, and that his name was linked to the case only through secret information. The State opposed the bail, contending that the offences were serious. The court examined the factual submissions and noted that the recovery did not prima facie show conscious possession by the petitioner. Consequently, the court granted anticipatory bail, directing the petitioner to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 438(2) of the Cr.P.C and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the recovery of illicit liquor establishes conscious physical possession by the petitioner.
  • Whether the statutory provisions invoked justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • possession
  • excise law
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31479 of 2026
                   Arising Out of PS. Case No.-60 Year-2026 Thana- MADHWAPUR District- Madhubani
                 ======================================================
                 Virendra Yadav @ Birendra Yadav @ Biru @ Virendra Kumar Yadav S/O
                 Ramsaran Yadav R/O Vill.- Aura, Ward no. 6, P.S.- Madhwapur, Dist.-
                 Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bhavesh Kumar Sah, Advocate
                 For the Opposite Party/s :      Mr.Rabindra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   14-05-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Madhwapur P.S. Case

                   No. 60 of 2026 registered for the offences punishable under

                   Sections 274, 275, 3(5) of the B.N.S. 2023 and Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                             3. The allegation against the petitioner is to have in

                   possession of 1305 litres of illicit liquor and engaged in illegal

                   trading/manufacturing of illicit liquor.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that name of the petitioner transpired in this case only

                   on the basis of secret information. It is submitted that the recovery

                   of country-made liqour has been made from an open place which
           Patna High Court CR. MISC. No.31479 of 2026(2) dt.14-05-2026
                                                       2/2




                     is accessible by general public, and therefore, it can be safely said

                     that recovery of illicit liquor was not made from conscious

                     physical possession of this petitioner. While explaining criminal

                     antecedent, it is submitted that the petitioner has involved in one

                     more case of similar nature in which he is on bail.

                              5. Learned A.P.P. for the State has opposed the prayer for

                     anticipatory bail of the petitioner.

                              6. In view of the aforesaid factual submissions and by

                     taking note of the fact as recovery of illicit liquor prima-facie not

                     appears to be made from conscious physical possession of this

                     petitioner, accordingly, above-named petitioner, in the event of his

                     arrest/surrender within a period of four weeks from this order, is

                     directed to be enlarged on bail on furnishing of bail bond of

                     Rs.10,000/- (ten thousand only) with two sureties of the like

                     amount each to the satisfaction of learned Exclusive Special

                     Judge, Excise Act, Madhubani /concerned court in connection with

                     Madhwapur P.S. Case No. 60 of 2026 arising Out of G.R. No. 483

                     of 2026, subject to the conditions as laid down under Section

                     438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik

                     Suraksha Sanhita (in short “B.N.S.S.”).


                                                                 (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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