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Patna High Court

Ram Narayan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, on the facts, the liquor was not in the petitioner's conscious possession and therefore granted bail.

Summary

The petitioner, Ram Narayan Yadav, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 80 litres of liquor recovered. The prosecution alleged that the liquor was being transported in a motorcycle registered in the petitioner's name. The petitioner contended that the motorcycle was being used by his son and that he had no conscious physical possession of the liquor, asserting a clean antecedent. The State opposed bail, but the court observed that the recovery did not prima facie show the petitioner's conscious possession. Consequently, the court directed that the petitioner be released on bail upon furnishing a bond and sureties, subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to bail despite being named in the FIR for alleged illegal liquor trade.
  • Whether the recovery of liquor establishes the petitioner's conscious physical possession.
  • Whether Section 482(2) of the BNSS can be invoked to grant bail in this case.

Legislation cited

Subjects

  • bail
  • illegal liquor
  • possession
  • excise law
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • motor vehicle misuse
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31491 of 2026
                      Arising Out of PS. Case No.-79 Year-2026 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Ram Narayan Yadav S/o Shiv Shankar Yadav Resident of Village - Mohanpur,
                 P.S. - Pandaul, District - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Subhash Kumar Jha
                 For the Opposite Party/s :         Mr.Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   14-05-2026                     Heard the parties

                                2.The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Sadar Excise

                   P.S. Case No. 79 of 2026 registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The allegation against the petitioner is to be

                   engaged in illegal trading/manufacturing of illicit liquor,

                   where, there is recovery of 80 litres of IMFL/country

                   made liquor.

                                4. It is submitted by learned counsel appearing

                   on behalf of the petitioner that petitioner implicated only
Patna High Court CR. MISC. No.31491 of 2026(2) dt.14-05-2026
                                            2/3




          for the reason that the motorcycle, in issue, which was

          alleged to carry consignment of illicit liquor was in his

          name. It is pointed out that motorcycle of petitioner was

          misused by his son and for the aforesaid technical

          reason as he is the registered owner fo the motorcycle

          he was implicated with present crime in question. It is

          submitted that admittedly                   recovery of alleged illicit

          liquor was not made from the conscious physical

          possession of this petitioner. Petitioner claimed clean

          antecedent

                       5. Learned APP, opposes the prayer of bail.

                       6. In view of aforesaid factual submission and

          by taking note of fact as recovery of alleged illicit liquor

          prima-facie not appears to be made from the conscious

          physical       possession        of     the     petitioner,   accordingly

          petitioner above-named, in the event of his arrest or

          surrender before the court below within a period of four

          weeks, is directed to be released on bail, furnishing bail

          bond of Rs. 10,000/- (Rupees Ten Thousand) with two
              Patna High Court CR. MISC. No.31491 of 2026(2) dt.14-05-2026
                                                          3/3




                        sureties of the like amount each to the satisfaction of

                        the learned Exclusive Spl. Judge Excise Madhubani

                        /concerned Court, where the case is pending in

                        connection with Sadar Excise P.S. Case No. 79 of 2026,

                        subject to the conditions as laid down under Section

                        482(2) of BNSS.



                                                                 (Chandra Shekhar Jha, J)
Sudha/-

U         T


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