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Patna High Court

Poshan Yadav @ Poshan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                        2/2




                      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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