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Patna High Court

Nirmal Yadav @ Chhotu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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