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Patna High Court

Sunil Yadav @ Suneel YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Sunil Yadav, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Sections 30(a) and 44 of the Bihar Prohibition and Excise Amendment Act, 2018, with five litres of liquor recovered. He contended that his name was cited only because a motorcycle registered in his name was used by his 15‑year‑old son and that he had no direct involvement or possession of the liquor, asserting a clean antecedent and political victimisation. The Additional Public Prosecutor opposed the grant of anticipatory bail. The Court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's conscious possession. Consequently, the Court directed that the petitioner be released on anticipatory bail upon surrender within four weeks, furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is prima facie connected to the seized illicit liquor.
  • Whether anticipatory bail should be granted under the circumstances.
  • Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) BNSS are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illegal liquor
  • clean antecedent
  • political victimisation
  • Section 30(a)
  • Section 44
  • CrPC Section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41841 of 2026
                   Arising Out of PS. Case No.-444 Year-2025 Thana- Excise P.S. District- East Champaran
                 ======================================================
                 Sunil Yadav @ Suneel Yadav Son of Lalbabu Yadav Resident of Village -
                 Kotwa, P.S.- Kotwa, District - East Champaran

                                                                                        ... ... Petitioner
                                                         Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :           Mr. Amit Kumar, Advocate
                 For the Opposite Party :           Mr. Braj Kishore Pd., (App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   30-06-2026                  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 Excise P.S. Case

                   No.444 of 2025 registered under Sections 30(a) and 44 of

                   Bihar Prohibition and Excise Amendment Act, 2018.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 5 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the name of petitioner arrayed solely for

                   the reason that the petitioner is the owner of motorcycle
Patna High Court CR. MISC. No.41841 of 2026(2) dt.30-06-2026
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          bearing Registration No. BR05L 8911, which was used by his

          minor son, namely, Nitesh Kumar, aged about 15 years. It is

          further submitted that the petitioner is not in any way

          connected with the alleged seized liquor and he has been

          falsely implicated in the present case due to village politics.

          It is also submitted that the petitioner was not present at the

          place of occurrence. It is also submitted that recovery of

          illicit liquor was not made from conscious possession of this

          petitioner. Petitioner claimed clean antecedent.

                       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, who is a man of clean antecedent, 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
            Patna High Court CR. MISC. No.41841 of 2026(2) dt.30-06-2026
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                      learned Court of Exclusive Special Excise Judge- 2, East

                      Champaran (Motihari), in connection with Excise P.S. Case

                      No.444 of 2025, 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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