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Patna High Court

Birapan YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused.

Summary

The petitioner, Birapan Yadav, sought anticipatory bail after the police recovered 30 litres of illicit liquor from a seized Scorpio, 12 litres from a co‑accused’s house and 8.64 litres from a scooty, alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that none of the seized vehicles were in his possession, he was not the driver or owner, and he had no direct involvement in the recovery, asserting a clean antecedent. The State opposed the bail, highlighting that the petitioner had two prior convictions of a similar nature. The court examined the magnitude of the liquor seizure and the petitioner’s criminal history. Considering the large quantity of illicit liquor and the petitioner’s antecedents, the court found sufficient grounds to deny anticipatory bail. Consequently, the petition for anticipatory bail was refused.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence and his prior criminal record?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • criminal antecedent
  • Section 30(a)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41081 of 2026
                    Arising Out of PS. Case No.-122 Year-2026 Thana- KOTWA District- East Champaran
                 ======================================================
                 Birapan Yadav Son of Indrajit Yadav Resident of village - Koergawan, P.S.-
                 Kotwa, District - East Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shyam Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-07-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 30(a) of Bihar Prohibition

                   and Excise Act.

                                3. As per prosecution case, total 30 liters illicit liquor

                   was recovered from the seized Scorpio vehicle bearing

                   registration no. HR29BG2746, 12 liters illicit liquor was

                   recovered from the house of co-accused Bigni Devi and 8.640

                   liters illicit liquor was recovered from the seized scooty.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner is neither driver nor

                   owner of the seized vehicles in question. Petitioner has got no

                   concern with the alleged recovery and he has been made
              Patna High Court CR. MISC. No.41081 of 2026(2) dt.06-07-2026
                                                          2/2




                        accused in this case only on suspicion. Petitioner claims clean

                        antecedent.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        bail of the petitioner and submitted that petitioner has got two

                        criminal antecedents of similar nature.

                                     6. Considering huge quantity of recovery and criminal

                        antecedents of similar nature, prayer for anticipatory bail of the

                        petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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