Patna High Court
Magan Yadav @ Suraj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to all petitioners as the recovery did not constitute conscious possession and they have clean antecedents.
Summary
The petitioners, four residents of Sukarbeg Chak, were named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 280.905 litres recovered under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that the liquor was seized from an open public area, not from any of their conscious possession, and asserted their clean antecedent. The State opposed their anticipatory bail. The court examined whether the recovery indicated possession by the petitioners and considered their clean record. Finding that the seizure was from a public place and not linked to the petitioners’ possession, the court granted anticipatory bail to all, subject to a bail bond of Rs 10,000 with two sureties each and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order directed that the bail be effected within four weeks of the hearing.
Issues considered
- Whether anticipatory bail can be granted when the alleged illicit liquor was recovered from a public place and not from the petitioners' conscious possession
- Whether the petitioners’ clean antecedent warrants bail
- Applicability of Section 438(2) CrPC and Section 482(2) BNSS in granting anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482 BNSS
- clean antecedent
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36553 of 2026
Arising Out of PS. Case No.-238 Year-2026 Thana- KHUSRUPUR District- Patna
======================================================
1. Magan Yadav @ Suraj Yadav, Son of Munna Yadav @ Munna Singh
2. Anand Kumar, son of Munna Yadav @ Munna Singh
3. Rahul Kumar @ Rahul Singh, son of Pappu Yadav
4. Surendra yadav @ Sulindra Singh, son of Late Lala Singh
All resident of Village- Sukarbeg Chak, P.S. -Khusrupur, District -Patna
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with Khusrupur
P.S. Case No.238 of 2026 registered under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. Allegation against the petitioners is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 280.905 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioners that the claim of prosecution that the recovery of
Patna High Court CR. MISC. No.36553 of 2026(2) dt.08-06-2026
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illicit liquor was made from a field, which belongs to
Surendra Yadav is a complete incorrect fact, as the land in
issue from where recovery of illicit liquor was made is not
connected in any manner with petitioner no.1. It is
submitted that as alleged recovery was made from an open
place, accessible by general public, therefore, it can be
safely said that the alleged recovery was not made from
conscious physical possession of any of the petitioners. It is
said that all petitioners are men of clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioners.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from conscious physical possession
of petitioners, rather from an open place, accordingly, all
above-named petitioners, who are men of clean antecedent,
in the event of their arrest or surrender before the court
below 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
Patna High Court CR. MISC. No.36553 of 2026(2) dt.08-06-2026
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amount each to the satisfaction of the learned Special Judge,
Excise, Patna City in connection with Khusrupur P.S. Case
No.238 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.)
Sanjeet/-
U T
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