Patna High Court
Munna YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as the recovery of illicit liquor was not shown to be in his physical possession and he has a clean antecedent.
Summary
The petitioner, Munna Yadav, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of illicit liquor, with 807.925 litres seized. He contended that his name was included only because he owned the seized motorcycle and that the seizure list lacked independent witnesses, asserting he was not present at the scene and had no conscious possession of the liquor. The Additional Public Prosecutor opposed his anticipatory bail. The court examined the factual submissions and noted that the liquor recovery did not appear to be from the petitioner's physical possession and that he had a clean antecedent. Consequently, the court directed that the petitioner be released on anticipatory bail upon surrender, subject to a bail bond and sureties, 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 a case under the Bihar Prohibition and Excise Act.
- Whether the seizure of illicit liquor can be linked to the petitioner’s possession for the purpose of arrest.
Legislation cited
- Bihar Negotiable Instruments and Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42207 of 2026
Arising Out of PS. Case No.-238 Year-2026 Thana- KHUSRUPUR District- Patna
======================================================
Munna Yadav Son of Sudama Singh Resident of Village- Sukar beg chak,
Police Station- Khushrupur, District- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Awadhesh Kumar, Advocate
For the Opposite Party : Mr.Indu Kumari Srivastava, 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 Khushrupur P.S.
Case No.238 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 807.925 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 petitioner is the owner of motorcycle bearing
Patna High Court CR. MISC. No.42207 of 2026(2) dt.01-07-2026
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Registration No. BR01BD 0856. It is also submitted that the
seizure list also appears doubtful being not supported by
independent witnesses rather than by police personnel. It is
also submitted that petitioner has been falsely implicated in
this case as 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
learned Exclusive Special Court of Excise, Patna City, in
Patna High Court CR. MISC. No.42207 of 2026(2) dt.01-07-2026
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connection with Khushrupur P.S. Case No.238 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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