Patna High Court
Manoj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that anticipatory bail should be granted as the recovery was not made from the petitioner's physical possession and the procedural requirements of Section 103(4) of the BNSS were not complied with.
Summary
Manoj 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 69.12 litres recovered. He contended that his name was listed solely on suspicion, that the liquor was recovered from an open thatched house where he was not present, and that the seizure lacked an independent witness as required by Section 103(4) of the BNSS. He applied for anticipatory bail, arguing lack of physical possession and procedural lapses. The Additional Public Prosecutor opposed the bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's conscious possession and that the search did not meet statutory requirements. Consequently, the court directed that the petitioner be released on bail upon surrender within four weeks, subject to a bond of Rs.10,000 with two sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail is warranted when the seized illicit liquor is not in the petitioner's physical possession.
- Whether the absence of an independent witness during the search violates Section 103(4) of the BNSS, affecting bail considerations.
- Whether the allegations under Section 30(a) of the Bihar Prohibition and Excise Act constitute sufficient ground to deny bail.
Legislation cited
- Bihar Narcotic and Substance Act (BNSS) — s. 103(4), 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Section 30(a)
- search and seizure
- Section 103(4)
- CrPC 438
- BNSS 482
- bail conditions
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40907 of 2026
Arising Out of PS. Case No.-227 Year-2026 Thana- NAUTAN District- West Champaran
======================================================
Manoj Yadav Son of Punadev Yadav @ Punyadev Yadav R/O Village-
Barparsauni, P.S.- Nautan, District- West Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Raki Alam, Advocate
For the Opposite Party : Mr.Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 25-06-2026 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 Nautan P.S. Case
No.227 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 69.12 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed solely on
the basis of suspicion. It is submitted that the recovery of
Patna High Court CR. MISC. No.40907 of 2026(2) dt.25-06-2026
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illicit liquor was made from thatched house of petitioner
which is an open place and accessible by general public and
also the petitioner was not present on the spot where alleged
liquor was found. It is also submitted that recovery of illicit
liquor was not made from conscious possession of this
petitioner. It is further argued 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 six 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
Patna High Court CR. MISC. No.40907 of 2026(2) dt.25-06-2026
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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 learned Special Judge Excise- 1, Bettiah, West
Champaran in connection with Nautan P.S. Case No.227 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/-
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