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Patna High Court

Bipin Yadav @ Vipin Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, finding that the seizure did not establish constructive possession and that the procedural requirements of the BNSS were not satisfied.

Summary

The petitioners, Bipin Yadav and his son Bittu Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise and Prohibition Act for alleged possession of 5.04 litres of illicit liquor recovered from a location adjacent to their house. They contended that the seizure was not from their constructive possession, that the informant was a hostile chowkidar, and that the seizure violated Section 105 of the Bihar Negotiable Substances Act. The State opposed bail, highlighting the petitioners' prior criminal antecedents. The Court, noting the lack of direct possession and the questionable seizure, exercised its power under Section 482(2) of the BNSS to grant anticipatory bail with strict conditions, including surety, appearance before the trial court, and non‑interference with witnesses. The order directed release on bail within six weeks upon furnishing a bond of Rs. 10,000 with two sureties and compliance with the stipulated conditions.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in view of the alleged recovery of illicit liquor from a place adjacent to their residence.
  • Whether the seizure complied with Section 105 of the Bihar Negotiable Substances Act.
  • Whether the petitioners' prior criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • constructive possession
  • Section 30(a)
  • Section 105
  • Section 482(2)
  • bail conditions
  • prior criminal antecedent
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35094 of 2026
                       Arising Out of PS. Case No.-24 Year-2026 Thana- MORO District- Darbhanga
                 ======================================================
           1.     Bipin Yadav @ Vipin Kumar Yadav S/O Khushilal Yadav Resident of
                  Village- Araila, Ward No.6, P.S.- Moro, Dist- Darbhanga.
           2.     Bittu Yadav S/O Bipin Yadav @ Vipin Kumar Yadav Resident of Village-
                  Araila, Ward No.6, P.S.- Moro, Dist- Darbhanga.
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Saurav Anand, Adv.
                 For the Opposite Party/s :       Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   25-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State through virtual mode.

                                2. The petitioners are apprehending their arrest in

                   connection with Moro P.S. Case No. 24 of 2026 for the offence

                   punishable under sections 30(a) of the Bihar Excise and

                   Prohibition Act, lodged on 03.03.2026 by the informant.

                                3.    As per the prosecution case, there has been

                   recovery of 5.04 litres of illicit liquor, allegedly, from the

                   adjacent place of the house of the petitioners. Accordingly, the

                   FIR.

                                4. Learned counsel for the petitioners submits that the

                   recovery is said to have been made from a place adjacent to the

                   house of the petitioners and nothing has been recovered from

                   the constructive possession of the petitioners. The petitioners
Patna High Court CR. MISC. No.35094 of 2026(2) dt.25-05-2026
                                            2/3




          have falsely been implicated in this case on the basis of

          disclosure made by the local Chowkidar who is said to be on

          inimical terms with the petitioners. Learned counsel further

          submits that the petitioner no.1 is the father of petitioner no.2

          and it seems entitrely improbable for a father to get his son

          indulged in such illegal activities. There has also been a gross

          violation of Section 105 of the BNSS while making seizure. It

          has fairly been submitted that both the petitioners have got one

          criminal antecedent each and they are on bail on those cases.

                       5. Learned APP opposes the prayer submitting that

          both the petitioners have got antecedents.

                       6. Considering the fact that the recovery has not been

          made from the constructive possession of these petitioners and

          the place from where the seizure is said to have been made does

          not belong to these petitioners rather it is said to have been

          adjacent to the boundary of their house, this Court is inclined to

          extend him the privilege of anticipatory bail.

                       7. Let the petitioners, above named, be released on

          bail in the event of arrest or surrender within a period of six

          weeks from the receipt of this order, on furnishing bail bond of

          Rs. 10,000/- (Ten thousand) each with two sureties of like

          amount each to the satisfaction of learned Exclusive Special
             Patna High Court CR. MISC. No.35094 of 2026(2) dt.25-05-2026
                                                         3/3




                       Judge-II, (Excise Act) Darbhanga in connection with aforesaid

                       PS Case, subject to the conditions as laid down under Section

                       482(2) of the BNSS as well as the following conditions:-

                                                            (i) one of the bailors should be the
                                               family member/relative of the petitioner(s)
                                               who shall provide official document to show
                                               his/her bona fide;
                                                            (ii) the petitioner(s) shall appear
                                               on each and every date before the Trial
                                               Court and failure to do so for two
                                               consecutive dates without plausible reason
                                               will entail cancellation of his bail bond by
                                               the Trial Court itself;
                                                            (iii) the petitioner(s) shall in no
                                               way try to induce or promise or threat the
                                               witnesses or tamper with the evidences,
                                               failing which the State shall be at liberty to
                                               take steps for cancellation of the bail bonds;
                                                            (iv) the petitioner(s) shall desist
                                               from committing any criminal offence again,
                                               failing which the State shall be at liberty to
                                               take steps for cancellation of his bail bonds.



                                                     (Ajit Kumar, J)
    perwez

U      T


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