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Patna High Court

Khelo YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the seizure did not prima facie demonstrate conscious possession by the petitioners, warranting the grant of anticipatory bail.

Summary

The petitioners, Khelo Yadav and Kailu Kora, were named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, with 50 litres of liquor seized. They contended that the liquor was recovered from an open bush area, not from their conscious possession, and that the seizure list lacked independent witnesses, relying only on a local watchman's statement. The Additional Public Prosecutor opposed their request for anticipatory bail. The Court examined the factual submissions and noted that the recovery did not prima facie establish possession by the petitioners. Consequently, the Court directed that, upon arrest or surrender within four weeks, the petitioners be released on bail with a bond of Rs.10,000 and two sureties each, subject to conditions under Section 482(2) of the BNSS. The order effectively granted anticipatory bail to the petitioners.

Issues considered

  • Whether the seizure of illicit liquor from an open area establishes conscious possession of the petitioners under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
  • Whether anticipatory bail should be granted in view of the alleged facts and the petitioners' criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • possession
  • Bihar Prohibition Act
  • Section 30(a)
  • Section 482(2)
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36807 of 2026
                      Arising Out of PS. Case No.-39 Year-2026 Thana- CHANAN District- Lakhisarai
                 ======================================================
           1.     Khelo Yadav, S/o Munilal Yadav, R/o Village - Jankidih, P.S.-
                  Bannubagicha, District- Lakhisarai
           2.    Kailu Kora, S/o Late Prameshwar Kora, R/o Village - Kachhua, P.S.-
                 Chanan, District - Lakhisarai

                                                                                    ... ... Petitioners
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Md. Shadab Alam Wazdi, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   10-07-2026                      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 Chanan

                   P.S. Case No.39 of 2026 registered under Section 30(a) of

                   the Bihar Prohibition and Excise Amendment Act, 2022.

                                3. Allegation against the petitioners are to engage

                   in illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 50 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioners that the seized illicit liquor was recovered
Patna High Court CR. MISC. No.36807 of 2026(3) dt.10-07-2026
                                            2/3




          from bushes, which is an open place accessible to the

          general public and, therefore, it cannot be said that the

          alleged recovery was made from the conscious possession of

          the petitioners. It is further submitted that seizure list also

          appears doubtful being not supported by independent

          witnesses rather than by police personnel. It is also pointed

          out that the name of the petitioners surfaced solely on the

          disclosure made by a local Chaukidar. The petitioner no.1

          has six criminal antecedent, whereas petitioner no.2 has two

          criminal antecedent, in which, they are on bail.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioners.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as recovery of illicit liquor prima facie not

          appears to be made from physical possession of these

          petitioners, accordingly, the petitioners above-named, in the

          event of their 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) each with two sureties of the like amount each to
            Patna High Court CR. MISC. No.36807 of 2026(3) dt.10-07-2026
                                                        3/3




                      the satisfaction of the learned District and Additional

                      Sessions Judge-IV-cum-Special Excise Court-I, Lakhisarai in

                      connection with Chanan P.S. Case No.39 of 2026, subject to

                      the conditions as laid down under Section 482(2) of the

                      BNSS.


                                                          (Chandra Shekhar Jha, J.)
    Raushan/-

U       T


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