Patna High Court
Ankesh yadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 47
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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
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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
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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/-
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