Patna High Court
Chandra Deep YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail, directing release on bail bond with conditions.
Summary
The petitioner, Chandra Deep Yadav, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of illicit liquor, with 39 litres of liquor recovered. The petitioner contended that his name appeared only on a chowkidar’s disclosure and that the liquor was seized from bushes near another house, not from his conscious possession, and that the seizure violated Section 103(4) of the BNSS because no independent witness was present. The State opposed the grant of anticipatory bail. The Court examined the factual submissions and noted that the recovery did not prima facie show possession by the petitioner and that procedural safeguards in the seizure were lacking. 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. The order was made with a four‑week window for surrender or arrest.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence.
- Whether the seizure of illicit liquor complied with the procedural requirements of Section 103(4) of the BNSS.
Legislation cited
- Bihar Narcotic and Smuggling Act (BNSS) — s. 103(4), 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- search and seizure
- Section 30
- Bihar Prohibition Act
- independent witness
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40754 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- Haraiya District- East Champaran
======================================================
Chandra Deep Yadav S/O Late Saryug Yadav R/O Vill- Ahirwa Tola no. 7,
PS- Haraiya, Dist -East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 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 Haraiya P.S. Case
No.07 of 2026 registered under Section 30(a) of 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 39 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of this petitioner arrayed solely
on the disclosure made by the local chowkidar. It is also
Patna High Court CR. MISC. No.40754 of 2026(2) dt.24-06-2026
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submitted that the recovery of illicit liquor was made from
bushes which is near the house of Bhanu Ray. It is further
argued that the recovery of illicit liquor was not made from
conscious possession of this petitioner. It is important to
highlight that the requirement of Section 103(4) of the
BNSS has not been complied with, inasmuch as no
independent witness was associated with the search and
seizure list and the seizure witnesses were police personnel
themselves. Explaining criminal antecedent, it is submitted
that the petitioner found involved in three more criminal
cases, where he is on bail.
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 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
Patna High Court CR. MISC. No.40754 of 2026(2) dt.24-06-2026
3/3
Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Judge- 1,
East Champaran at Motihari in connection with Haraiya P.S.
Case No.07 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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