Patna High Court
Umesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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
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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
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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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