Patna High Court
Barun YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the mere recovery of illicit liquor, without proof of the petitioner's possession and based solely on a co-accused's confession, does not constitute prima facie evidence to deny anticipatory bail.
Summary
Barun Yadav was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly engaging in illegal trade of illicit liquor, with 630 litres recovered from an open field. The petitioner contended that his name arose only from a co-accused's confessional statement, that he was not present at the site, and that there was no evidence of his conscious possession or any independent witness to the seizure. He applied for anticipatory bail, arguing that the recovery did not constitute prima facie evidence against him. The Additional Public Prosecutor opposed the bail. The court, noting the lack of direct possession and the reliance on a confessional statement, directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order effectively granted anticipatory bail to the petitioner.
Issues considered
- Whether anticipatory bail should be granted when the petitioner is not in physical possession of the seized illicit liquor.
- Whether a confessional statement of a co-accused alone is sufficient to implicate the petitioner for the offence under the Bihar Prohibition and Excise Act.
- Whether the absence of independent witnesses to the search and seizure impacts the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- possession
- confessional statement
- CrPC
- BNSS
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42195 of 2026
Arising Out of PS. Case No.-217 Year-2026 Thana- RAJNAGAR District- Madhubani
======================================================
Barun Yadav S/o Kailash Yadav Resident of Village- Bhowara, Mishariganj,
P.S. -Madhubani Town, District -Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Shailendra Kumar Jha, Advocate
For the Opposite Party : Mr.Suman Kumari Singh, 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 Rajnagar P.S.
Case No.217 of 2026 registered under Section 30(a) 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 630 litres of IMFL/country-made liquor.
4. It is submitted that the alleged recovery was
made from a field, which is an open place accessible to
general public. It is submitted by learned counsel appearing
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for the petitioner that the name of petitioner arrayed due to
confessional statement of a co-accused, namely, Bhulla
yadav. It is also submitted that the petitioner was not
present at the spot. It is also submitted that recovery of
illicit liquor was not made from conscious possession of this
petitioner. It is further argued that no independent witness
was associated with the search and seizure list and the
seizure witnesses were police personnel themselves.
Explaining criminal antecedent, it is submitted that the
petitioner found involved in one criminal case, 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
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Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge, Excise
Court, Madhubani, in connection with Rajnagar P.S. Case
No.217 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.)
Aniket/-
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