Patna High Court
Viccky YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to the conditions of Section 438(2) CrPC and Section 482(2) BNSS.
Summary
The petitioner, Viccky 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 200 litres recovered from a vehicle not directly linked to him. The petitioner sought anticipatory bail, arguing that the liquor was not in his conscious possession and that the accusation stemmed solely from a co-accused’s disclosure. The Additional Public Prosecutor opposed the bail, citing the petitioner’s involvement in five similar cases and his bail status in those matters. The court examined the prima facie evidence and noted the lack of direct 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 anticipatory bail can be granted when the alleged illicit liquor was not in the petitioner’s physical possession.
- Whether the petitioner’s alleged involvement under Section 30(a) of the Bihar Prohibition and Excise Act justifies denial of bail.
- Whether the petitioner’s prior criminal cases and bail status affect the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- CrPC Section 438
- BNSS Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40837 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- THARTHARI District- Nalanda
======================================================
Viccky Yadav
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr .Rajeev Kumar, Advocate
For the Opposite Party : Mr .Parmanand Prasad, 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 Tharthari P.S.
Case No.38 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 200 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
Patna High Court CR. MISC. No.40837 of 2026(2) dt.24-06-2026
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on the disclosure made by one of the co-accused of this
case. It is also submitted that the recovery of alleged illicit
liquor was made from Toto vehicle bearing Registration No.
BR21RA 3949. It is also submitted that recovery of illicit
liquor was not made from conscious possession of this
petitioner. Explaining criminal antecedent, it is submitted
that the petitioner found involved in five more criminal cases
of similar nature, 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
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Excise Court, Hilsa,
Nalanda in connection with Tharthari P.S. Case No.38 of
Patna High Court CR. MISC. No.40837 of 2026(2) dt.24-06-2026
3/3
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/-
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