Patna High Court
Nirmal Yadav @ Chhotu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Since the seized liquor does not belong to the petitioner and he is not in conscious possession, the court granted anticipatory bail.
Summary
The petitioner, Nirmal Yadav, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 2.25 litres of illicit liquor was recovered from a husk near his house, which is joint family property. He contended that the liquor was not in his conscious possession and the location of recovery bore no relation to him. The State opposed his request for anticipatory bail. The court examined the facts and concluded that the seized liquor did not belong to the petitioner and he was not in possession of it. Consequently, the court granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to a bail bond of Rs.10,000 and two sureties, to be finalized by the Special Judge within four weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 when the seized liquor is not in his possession.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- criminal procedure
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33982 of 2026
Arising Out of PS. Case No.-44 Year-2026 Thana- SARSI District- Purnia
======================================================
Nirmal Yadav @ Chhotu Yadav S/O Bhupendra Prasad Yadav R/O Vill.-
Masuria, P.S.- Sarsi, Dist.- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Prosecution story in brief is that 2.25 litres of illicit
liquor has been recovered from the husk situated near the house
of this petitioner which is joint family property.
4. Learned counsel for the petitioner submits that the
alleged recovery is not made from the conscious possession of
the petitioner and place of recovery is nowhere related to this
petitioner. Accordingly, on the basis of his antecedent, the
petitioner has been roped in the present case.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.33982 of 2026(2) dt.21-05-2026
2/2
anticipatory bail of the petitioner.
6. Considering the fact that the recovery and the
seized liquor does not belong to this petitioner, I am inclined to
grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge Excise
Court-01, Purnea, in connection with Sarasi P.S. Case No. 44 of
2026, subject to the conditions laid down under section 438(2)
of the Code of Criminal Procedure/Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Ajit Kumar, J)
sanjeev/-
U T
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