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Patna High Court

Brahmadev YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, finding no prima facie evidence of conscious possession.

Summary

The petitioner, Brahmadev Yadav, was named in an FIR for alleged illegal manufacture and transport of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, with 22 litres of liquor recovered. He contended that the motorcycle used to carry the liquor was registered in his name but was lent to a neighbour without his knowledge, and he has a clean antecedent. The Additional Public Prosecutor opposed his request for anticipatory bail. The court observed that the recovery of liquor did not prima facie show conscious physical possession by the petitioner. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in the context of alleged illegal liquor trade.
  • Whether the facts establish conscious physical possession of the illicit liquor by the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • prohibition act
  • criminal procedure
  • possession
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40105 of 2026
                       Arising Out of PS. Case No.-196 Year-2026 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Brahmadev Yadav Son of Late Nundi Yadav Resident of Village- Gagan
                 Khurd, P.S.- Rajauli, District- Nawada.
                                                                        ... ... Petitioner
                                                     Versus
                 The State of Bihar                             ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pramod Kumar Verma, Advocate.
                 For the Opposite Party/s :       Mr.Rajendra Prasad Nat, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   22-06-2026                      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 Rajauli P.S. Case

                   No.196 of 2026 registered under Section 30(a) of the Bihar

                   Prohibition and Excise Act , 2016.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 22 liters of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the motorcycle in issue which is alleged to

                   be involved in carrying illicit liquor was registered in the

                   name of this petitioner, which was given to the neighbor of

                   the petitioner, while he was not at home, which, without
               Patna High Court CR. MISC. No.40105 of 2026(2) dt.22-06-2026
                                                           2/2




                         knowledge of this petitioner, was misused for carrying illicit

                         liquor. 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,

                         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 Exclusive Special

                         Court, Excise-2, Nawada, in connection with Rajauli P.S.

                         Case No.196 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)
aniket/-

U          T


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