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Patna High Court

Ankesh yadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, holding that the liquor was not recovered from their conscious possession.

Summary

Ankesh Yadav and Amit Yadav were named in an FIR under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2022 for allegedly manufacturing and trading illicit liquor, with 172.8 litres recovered from two motorcycles. The petitioners contended that they were not owners of the motorcycles, were not present at the scene, and were implicated only through the statement of a co‑accused, Balindra Kumar. They applied for anticipatory bail, which the Additional Public Prosecutor opposed. The Court observed that the liquor was not recovered from the petitioners' conscious possession and therefore the prima facie case for denial of bail was weak. Consequently, the Court directed that both petitioners be released on bail upon furnishing a bond of Rs 10,000 with two sureties each, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
  • Whether the recovery of illicit liquor was made from the petitioners' conscious possession
  • Whether the allegations under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2022, warrant denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • possession
  • bail bond
  • CrPC 438
  • BNSS 482

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.33361 of 2026
                   Arising Out of PS. Case No.-61 Year-2026 Thana- Raghunathpur Excise District- Siwan
                 ======================================================
           1.     Ankesh yadav son of Umesh yadav Resident of vill- Gudri Hata, PS-
                  Siswan, Dist- Siwan
           2.    Amit Yadav son of Hare Ram Yadav Resident Of Village - Harnathpur, Ps-
                 Raghunathpur, Dist- Siwan

                                                                                      ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :          Mr.Kumari Anupam, Advocate
                 For the Opposite Party :          Mr.Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   29-06-2026                    Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. Both accused/petitioners are named in the FIR

                   and apprehending their arrest in connection with Excise

                   Raghunathpur P.S. Case No.61 of 2026 registered under

                   Sections 30(a) and 47 of Bihar Prohibition and Excise Act,

                   2022.

                                3. Allegation against the petitioners is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 172.8 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.33361 of 2026(3) dt.29-06-2026
                                            2/3




          the petitioners that the name of these petitioners arrayed

          solely on the disclosure made by one of the co-accused of

          this case, namely, Balindra Kumar. It is also submitted that

          the recovery of illicit liquor was made from two motorcyle

          bearing Registration No. BR29AL 9535 and BR29BJ7137. It

          is also submitted that petitioner is neither the owner of the

          said two motorcycle nor the petitioner was present at the

          place of occurrence. It is also submitted that recovery of

          illicit liquor was not made from conscious possession of these

          petitioners. Explaining criminal antecedent, it is submitted

          that the petitioner no. 1 found involved in one more case,

          where he is on bail and petitioner no. 2 found involved in 3

          more criminal cases, where he is on bail.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioners.

                       6. In view of aforesaid factual submissions and by

          taking note of the fact as recovery of illicit liquor prima facie

          not appears to be made from physical possession of these

          petitioners, accordingly, both petitioners, above-named, in

          the event of their arrest or surrender in the court below
               Patna High Court CR. MISC. No.33361 of 2026(3) dt.29-06-2026
                                                           3/3




                         within a period of four weeks from today, are directed to be

                         released on bail on furnishing bail bond of Rs.10,000/-

                         (Rupees Ten Thousand) each with two sureties of the like

                         amount each to the satisfaction of learned Special Judge

                         (Excise) Court No. 2, Siwan, in connection with Excise

                         Raghunathpur P.S. Case No.61 of 2026, subject to the

                         conditions as laid down under Section 438(2) of the

                         CrPC/under Section 482(2) of the BNSS.


                                                          (Chandra Shekhar Jha, J.)

aniket/-

U          T


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