Created by Fuzzy Cloud

Patna High Court

Jagdish YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Since the liquor was not found in the petitioner's conscious possession and he has a clean antecedent, the court granted anticipatory bail under Section 438 CrPC.

Summary

Jagdish Yadav was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for alleged illegal manufacture and trade of illicit liquor, with 99 litres recovered from the back side of his house. The petitioner contended that the liquor was recovered from an open area near the toilet and not from his conscious physical possession, and he asserted a clean antecedent. The State opposed his prayer for anticipatory bail. The court examined the factual submissions and held that the recovery did not prima facie establish the petitioner's possession of the liquor. Relying on the clean antecedent and the lack of possession, the court directed that anticipatory bail be granted subject to a bail bond and sureties, with a condition to surrender within four weeks. The order was made under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the recovery of illicit liquor establishes the petitioner's conscious physical possession.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • possession
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36833 of 2026
                      Arising Out of PS. Case No.-87 Year-2026 Thana- BHAPTIAHI District- Supaul
                 ======================================================
                 Jagdish Yadav, S/o Late Harkishun Yadav, Resident of Village- Chandpiper,
                 Ward No. 08, P.S.- Bhaptiyahi (Bhaptai Sarai), District - Supaul
                                                                                  ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                           ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhim Kumar Yadav, Advocate
                 For the Opposite Party/s :       Ms. Renuka Ratnakar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-06-2026                  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 Bhaptiyahi

                   (Bhaptai Sarai) P.S. Case No.87 of 2026 registered under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 99 liters of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   petitioner that alleged recovery of illicit liquor was made from

                   back side of the house near to the toilet, which is an open

                   place and accessible by general public and, therefore, it can

                   be said safely that recovery of illicit liquor was not made from
            Patna High Court CR. MISC. No.36833 of 2026(2) dt.17-06-2026
                                                        2/2




                      conscious physical possession of this petitioner. The petitioner

                      claimed clean antecedent.

                                   5. 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, accordingly, the petitioner, above-named, who

                      is a man of clean antecedent, 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 P.O., Exclusive Special Excise (Judge), Court-1,

                      Supaul in connection with Bhaptiyahi (Bhaptai Sarai) P.S.

                      Case No.87 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.