Patna High Court
Dinesh Yadav @ KiushversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail, directing release upon bond and sureties.
Summary
The petitioner, Dinesh Yadav, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 100 litres seized. He contended that the liquor was recovered from a public garden of an Arya Samaj Mandir and not from his conscious possession, and that the seizure list lacked independent witnesses, relying only on a watchman's statement. The Additional Public Prosecutor opposed the petition for anticipatory bail. The court examined the factual submissions and noted that the recovery did not prima facie establish possession by the petitioner. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482(2) BNSS.
Issues considered
- Whether anticipatory bail should be granted when the alleged seizure of illicit liquor does not establish the petitioner's conscious possession.
- Whether the FIR under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275 of the Bharatiya Nyaya Sanhita suffices to deny bail.
- Whether the petitioner's prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 274, 275, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- bail bond
- excise law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41985 of 2026
Arising Out of PS. Case No.-69 Year-2026 Thana- BANJARIA District- East Champaran
======================================================
Dinesh Yadav @ Kiush, S/o Kapildeo Yadav, R/o Village - Gobri, P.S -
Banjariya, District - East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar II, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, 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 Banjariya P.S.
Case No.69 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise Act and Sections 274, 275 of
the Bharatiya Nyaya Sanhita(in short ’BNS’,2023).
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 100 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
Patna High Court CR. MISC. No.41985 of 2026(2) dt.30-06-2026
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a garden area of Arya Samaj Mandir, which is an open place
accessible to the general public and, therefore, it cannot be
said that the alleged recovery was made from the conscious
possession of the petitioner. It is further submitted that
seizure list also appears doubtful being not supported by
independent witnesses rather than by police personnel. It is
also pointed out that the name of the petitioner surfaced
solely on the disclosure made by a local watchman. The
petitioner has three criminal antecedent of similar nature, in
which, 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 of note of 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
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.41985 of 2026(2) dt.30-06-2026
3/3
satisfaction of the learned Special Judge Court Excise-I, East
Champaran, Motihari in connection with Banjariya P.S. Case
No.69 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.)
Raushan/-
U T
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