Patna High Court
Jagdish YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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
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