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Patna High Court

Umesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner on the basis that the recovery of illicit liquor did not prima facie establish his possession.

Summary

The petitioner, Umesh Yadav, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act after 203 litres of liquor were recovered from a river‑bed in Kadhan Diara. Counsel argued that the liquor was found in an open river‑bed and there was no direct physical possession or involvement by the petitioner, and that the co‑accused had already been granted anticipatory bail. The State opposed the grant of anticipatory bail. The Court examined the factual submissions and noted the lack of prima facie evidence of the petitioner’s possession, and consequently directed that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order effectively granted anticipatory bail to the petitioner.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the alleged recovery of illicit liquor from a river‑bed and lack of direct possession.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • possession
  • bail bond
  • CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36579 of 2026
                   Arising Out of PS. Case No.-93 Year-2026 Thana- KESARIA District- East Champaran
                 ======================================================
                 Umesh Yadav, S/o Hira Rai, Resident of Village-Kadhan, P.S.-Kesariya,
                 Distt.- East Champaran.
                                                                         ... ... Petitioner
                                              Versus
                 The State of Bihar
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Ms. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-06-2026                  Heard learned counsel for the petitioner and

                    learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                    apprehending his arrest in connection with Kesariya P.S.

                    Case No.93 of 2026 registered under Section 30(a) of the

                    Bihar Prohibition and Excise Act.

                                3. Allegation against the petitioner is to engage in

                    illegal trade/manufacturing of illicit liquor, where there is

                    recovery of 203 liters of IMFL/country-made liquor from

                    Kadhan Diyara area.

                                4. It is submitted by learned counsel appearing for

                    petitioner that recovery of illicit liquor was made from a

                    bush prown in Kadhan Diara area (river bed), which is not
Patna High Court CR. MISC. No.36579 of 2026(2) dt.08-06-2026
                                            2/3




          connected in any manner with this petitioner and merely on

          the basis of suspicion and disclosure made by co-villagers

          and local choukidar, the petitioner was implicated with

          present crime in question and moreover, the co-accused

          persons, namely, Rakesh Kumar and Achchelal Kumar Yadav

          have been granted anticipatory bail by this Court through

          Cr. Misc. No.30187 of 2026 vide order dated 11.05.2026.

                       5. Ms. Sharda Kumari, learned APP opposed the

          prayer of anticipatory bail to the petitioner.

                       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 this petitioner rather from open river bed, accordingly, the

          petitioner, above-named, in the event of his arrest or

          surrender in the court below within a period of four weeks

          from today, is directed to be released 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,      Excise    Court   No.3,   East

          Champaran at Motihari in connection with Kesariya P.S. Case
           Patna High Court CR. MISC. No.36579 of 2026(2) dt.08-06-2026
                                                       3/3




                     No.93 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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