Patna High Court
Birapan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, as the seizure did not prima facie establish his possession.
Summary
The petitioner, Birapan Yadav, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 65 litres recovered under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, arguing that the liquor was seized from a public place, he was not present, and there was no conscious possession or independent witness evidence linking him to the seizure. The prosecution opposed the bail, citing the petitioner’s prior involvement in similar cases. 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 surrendering within four weeks, subject to a bail bond and sureties, and conditioned under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged illegal liquor trade.
- Whether the seizure of illicit liquor establishes sufficient possession to deny bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32, 41(1)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- possession
- CrPC Section 438
- BNSS Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42023 of 2026
Arising Out of PS. Case No.-400 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Birapan Yadav Son of Indrajit Yadav Resident of Village- Koergawan, P.S.-
Kotwa, District- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr .Abhishek Kumar, Advocate
For the Opposite Party : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 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 Kotwa P.S. Case
No.400 of 2025 registered under Sections 30(a), 32 and
41(1) of Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 65 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed solely on
the disclosure made by the local chowkidar and local
Patna High Court CR. MISC. No.42023 of 2026(2) dt.01-07-2026
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people. It is submitted that recovery of alleged illicit liquor
was made from Kajhiya Purbari Tola near Baudhi Mai
Sthan ,which is an open place accessible by general public. It
is also submitted that petitioner was not present at the spot.
It is further submitted that recovery of illicit liquor was not
made from conscious possession of this petitioner. It is
further argued that the seizure list also appears doubtful
being not supported by independent witnesses rather than by
police personnel. Explaining criminal antecedent, it is
submitted that the petitioner found involved in two more
criminal cases of similar nature, where 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 note of the 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
Patna High Court CR. MISC. No.42023 of 2026(2) dt.01-07-2026
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Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Excise Court No. 1,
East Champaran at Motihari, in connection with Kotwa P.S.
Case No.400 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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