Patna High Court
Ram Narayan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
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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