Patna High Court
Brahmadev YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Instruments (or relevant) Special Statute (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
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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