Patna High Court
Binod Yadav @ Vinod YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail must be granted to the petitioners as the recovery of illicit liquor does not prima facie establish their conscious physical possession.
Summary
The petitioners, Binod Yadav and Tuntun Kumar Chaudhary, were named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 35 litres of liquor recovered from the bed of River Falgu. Their counsel argued that the liquor was found in a public open area and there was no direct evidence of the petitioners' physical possession, noting that they were already on bail in another case. The State opposed the bail application. The court examined whether the circumstances justified denial of bail under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. Finding that the recovery was prima facie not linked to the petitioners' possession, the court directed that they be released on bail upon furnishing a bond of Rs.10,000 with two sureties each. The bail order was subject to the conditions laid down in the relevant statutes and the exclusive special excise court.
Issues considered
- Whether bail should be granted to the accused under Section 438(2) Cr.P.C. and Section 482(2) BNSS given the nature of the evidence and recovery of illicit liquor.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 30
- Criminal Procedure Code
- Section 438
- BNSS
- Section 482
- recovery of illicit liquor
- suspicion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36794 of 2026
Arising Out of PS. Case No.-221 Year-2026 Thana- BELAGANJ District- Gaya
======================================================
1. Binod Yadav @ Vinod Yadav S/o Karu Yadav @ Shakal Deep Yadav
Resident of Village - Dalli Bigha, P.S.- Belaganj, District - Gaya Ji
2. Tuntun Kumar Chaudhary S/o Chotu Chaudhary Resident of Village -
Madan Bigha, P.S.- Chandauri, District - Gaya Ji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Sinha
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-06-2026 Heard the parties.
2. The accused/petitioners are named in the F.I.R.
and apprehending their arrest in connection with Belaganj P.S.
Case No. 221 of 2026 registered for the offences punishable
under Section 30 (a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioners is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 35 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioners submitted that recovery of illicit liquor was made from
the bed of River Falgu, which is an open place and easily
accessible by general public. It is submitted that without having
any cogent material merely on the basis of suspicion name of
Patna High Court CR. MISC. No.36794 of 2026(2) dt.17-06-2026
2/2
petitioner transpired with the present recovery of illicit liquor by
local chowkidar. While concluding the argument it is submitted
that both petitioners found involved in one more case, where they
are on bail.
5. Learned APP, opposes the prayer for bail.
6. In view of the facts and circumstances as
mentioned above as recovery of illicit liquor prima-facie not
appears to made from the conscious physical possession of above
named petitioners, accordingly both-above named petitioners, in
the event of their arrest or surrender before the learned trial
court within a period of four weeks, are directed to be released
on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Court No. 2,
Gaya Ji/concerned trial court where the case is pending in
connection with Belaganj P.S. Case No. 221 of 2026 of subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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