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Patna High Court

Magan Yadav @ Suraj YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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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