Patna High Court
Khelo YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
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
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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
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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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