Patna High Court
Poshan Yadav @ Poshan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted as the court was not inclined to extend the privilege given the seriousness of the offence and the large seizure.
Summary
Petitioner Poshan Yadav applied for anticipatory bail after police raided his maize field and seized 15 litres of illicit country-made liquor, manufacturing equipment, and raw material under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act. The police acted on confidential information and recovered substantial contraband, leading to the filing of a case (PS Case No. 13 of 2026). The High Court examined whether the seriousness of the offence warranted granting anticipatory bail. Considering the large quantity seized and the nature of the offence, the Court declined to grant anticipatory bail. The application was dismissed, and the petitioner was ordered to surrender within four weeks to seek regular bail, with a warning of arrest if he fails to do so.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act in view of the seized liquor and equipment.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 30(d)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 30(d)
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38167 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- NAYAGAON District- Begusarai
======================================================
Poshan Yadav @ Poshan Kumar Son of Ram Ishwar Yadav Resident Of
Village - Mathar, Ps- Nayagaon, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar
For the Opposite Party/s : Mr. Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Nayagaon P.S. Case No. 13 of 2026 registered for offences
under Section(s) 30(a) and 30(d) of the Bihar Prohibition and
Excise Act.
3. On 22.02.2026, the police received confidential
information that Poshan Yadav (petitioner) was illegally
manufacturing, storing and selling country-made liquor in his
maize field at Village Mathar. Acting on the same, the police
conducted a raid at the location. Upon seeing the police, one
person fled from the spot and was identified by the village
chowkidar as the petitioner, Poshan Yadav. During the search,
the police recovered 15 litres of illicit country-made liquor and
Patna High Court CR. MISC. No.38167 of 2026(2) dt.16-06-2026
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equipment used for its manufacture. They also found
approximately 1,000 litres of raw material intended for liquor
production, which was destroyed on the spot.
4. Considering the allegation levelled against the
petitioner and the huge recovery, this Court is not inclined to
grant the privilege of anticipatory bail to the petitioner in the
present case.
5. Accordingly, the application for anticipatory bail is
hereby dismissed.
6. The petitioner is directed to surrender within four
weeks from today and pray for regular bail, failing which the
Senior Superintendent of Police, Begusarai will take all steps for
arrest of the petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
(Sandeep Kumar, J)
Shishir/-
U T
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