Patna High Court
Birapan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.