Patna High Court
Amit Yadav @ Amit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, as the recovery was not prima facie from the petitioner's conscious possession, anticipatory bail was warranted.
Summary
The petitioner, Amit Yadav, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, with 126 litres of liquor recovered. He contended that the liquor was not in his conscious physical possession, that the motorcycle used to transport it did not belong to him, and that his name appeared only due to a suspicion raised by a local watchman. The Additional Public Prosecutor opposed the petition for anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's conscious possession. Consequently, the court directed that the petitioner be released on anticipatory bail, subject to a bail bond of Rs.10,000, two sureties of the same amount, and conditions 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 the circumstances.
- Whether the recovery of illicit liquor can be said to be from the petitioner's conscious physical possession.
- Applicability of Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act and procedural provisions of CrPC and BNSS.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40217 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- RAGHUNATHPUR District- Siwan
======================================================
Amit Yadav @ Amit Kumar Yadav S/o Shiv Nath Yadav @ Shree Nath Yadav
Resident of Village -Sarharwa, P.S.- Darauli, District- Siwan
... ... Petitioner
Versus
The State of Bihar Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Kumari Anupam, Advocate, Advocate
For the Opposite Party : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 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 Raghunathpur
P.S. Case No.279 of 2025 registered under Sections 30(a)
and 41(1) of the Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 126 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner transpired on the
Patna High Court CR. MISC. No.40217 of 2026(2) dt.23-06-2026
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basis of suspicion made by local chowkidar. It is submitted
that the alleged motorcycle which was used for carrying
alleged liquor does not belong to this petitioner. It is
submitted that the recovery of illicit liquor was not made
from conscious physical possession of this petitioner.
Explaining criminal antecedent, it is submitted that the
petitioner found involved in three more criminal cases.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the 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 Court of Exclusive
Special Excise Court No. II, Siwan, in connection with
Raghunathpur P.S. Case No.279 of 2025, subject to the
Patna High Court CR. MISC. No.40217 of 2026(2) dt.23-06-2026
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conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
aniket/-
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