Patna High Court
Sunil Yadav @ Suneel YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 44
- Criminal Procedure Code — s. 438(2)
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/-
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