Patna High Court
Indradev YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, holding that the absence of liquor recovery from his constructive possession and reliance solely on a co-accused’s confession did not justify denial of bail.
Summary
The petitioner, Indradev Yadav, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition & Excise Act for alleged involvement in illicit liquor trade. The prosecution’s case was based on a confession by a co-accused, Vivek Kumar Sah, who claimed the liquor was procured from the petitioner, although no liquor was recovered from the petitioner’s constructive possession. The petitioner argued that the confession alone was insufficient to justify his arrest and that he had no connection to the scooty from which the liquor was seized. The court noted the lack of direct evidence linking the petitioner to the seized liquor and considered the provisions of Section 482(2) of the B.N.S.S., 2023. Consequently, the court granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and a deposit of Rs.5,000 in the Advocates’ Association welfare account. The order was conditioned on the petitioner surrendering within four weeks if arrested.
Issues considered
- Whether anticipatory bail can be granted when the petitioner’s constructive possession of the illicit liquor is not established
- Whether a co-accused’s confession alone suffices to implicate the petitioner under Section 30(a) of the Bihar Prohibition & Excise Act
- Application of Section 482(2) of the B.N.S.S., 2023 in granting anticipatory bail
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- constructive possession
- confession of co-accused
- Bihar Prohibition & Excise Act
- Section 30(a)
- B.N.S.S. 2023
- Section 482(2)
- illicit liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33948 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- MADHEPUR District- Madhubani
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Indradev Yadav Son of Tejnarayan Yadav Resident of Village- Murli, P.S.-
Phulparas, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah
Mrs. Archana Aanand
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 21-05-2026 Heard learned counsel for the parties through
virtual mode.
2. The petitioner is apprehending his arrest in
connection with Madhepur P.S. Case No.48 of 2026, F.I.R.
dated 20.02.2026, registered for the offences punishable under
Section 30(a) of Bihar Prohibition & Excise Act.
3. As per the prosecution case, on 20.02.2026 the
informant along with the police personnel was conducting
patrolling and surveillance against liquor traders in view of the
Holi festival. On the basis of confidential information received,
police apprehended two persons namely Vivek kumar Sah and
Ramnarayan, and 20.535 liters of illicit liquor was recovered
from the scooty bearing registration no BR-32AW1920. During
Patna High Court CR. MISC. No.33948 of 2026(2) dt.21-05-2026
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interrogation, accused Vivek Kumar Sah confessed that he used
the scooty for liquor trade and that the liquor was procured from
Indradev Yadav with the help of co-accused Ramnarayan
Mahto.
4. Learned counsel for the petitioner submits that the
recovery has been made from a scooty and name of the
petitioner has been transpired in the present case merely on the
basis of confession of co-accused Vivek Kumar Sah. It is the
case of the petitioner that nothing has been recovered from the
constructive possession of this petitioner and merely on the
basis of antecedents, the petitioner has been implicated in this
case. It is further submitted that the petitioner has no concern
with the said scooty. Petitioner has five criminal antecedents, in
which he is on bail and is ready to abide by all terms and
conditions as may be imposed by this Court while granting the
privilege of anticipatory bail.
5. Learned counsel for the petitioner, on instructions,
and without accepting his guilt, proposes to deposit a sum of Rs.
5000/- (Rupees Five Thousand only) in the welfare account of
the Advocates’ Association of the Patna High Court.
6. Regard being had to the submissions made by the
parties, and taking into consideration the fact that the illicit
Patna High Court CR. MISC. No.33948 of 2026(2) dt.21-05-2026
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liquor has not been recovered from the constructive possession
of the petitioner, this Court is inclined to grant anticipatory bail
to the petitioners.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today 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 Exclusive Special Judge Excise act, Jhanjharpur in
connection with Madhepur P.S. Case No.48 of 2026 subject to
the condition as laid down under Section 482(2) of the B.N.S.S.,
2023 and on production of the receipt showing deposit of
Rs.5000/- as proposed on behalf of the petitioner..
(Ajit Kumar, J)
shikha/-Rajan/-
U T
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