Patna High Court
Satish Yadav @ Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that because the seized liquor was not in the petitioner's physical possession and the allegations were based merely on suspicion, anticipatory bail was warranted.
Summary
Satish Yadav was arrested in connection with an alleged illegal trade in illicit liquor, with 100 litres recovered from a motorcycle. The prosecution alleged violations of the Bharatiya Nyaya Sanhita (Section 317(2) read with 3(5)) and the Bihar Prohibition and Excise (Amendment) Act, 2022 (Sections 30(a) and 41). The petitioner contended that the liquor was not in his physical possession, that his name was linked to the case only on suspicion, and that the seizure list lacked independent witnesses. The court noted that the recovery was not made from the petitioner's possession and, despite a prior similar charge, found no material to deny bail. Consequently, the court ordered anticipatory bail, subject to a bond of Rs.10,000 with two sureties and conditions under CrPC Section 438(2) and BNS Section 482(2).
Issues considered
- Whether anticipatory bail should be granted when the alleged contraband is not found in the accused's physical possession.
- Whether the petitioner’s prior criminal antecedent in a similar case precludes the grant of anticipatory bail.
- Whether the lack of independent witnesses to the seizure affects the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2), 3(5), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 41
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bharatiya Nyaya Sanhita
- Bihar Excise Act
- seizure
- suspicion
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43000 of 2026
Arising Out of PS. Case No.-213 Year-2026 Thana- KAUWAKOL District- Nawada
======================================================
Satish Yadav @ Satish Kumar, Son of Darogi Yadav, Resident of Village -
Guaghoghara, P.S. - Kawakol, District - Nawada
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 02-07-2026 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 Kawakol P.S.
Case No.213 of 2026 registered under Section 317(2) read
with 3(5) of the Bharatiya Nyaya Sanhita (in short
’BNS’,2023) and Sections 30(a) and 41 of the Bihar
Prohibition and Excise(Amendment) Act, 2022.
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
Patna High Court CR. MISC. No.43000 of 2026(2) dt.02-07-2026
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the petitioner that the seized illicit liquor was recovered from
a Motorcycle. It is further submitted that the name of the
petitioner surfaced solely on the basis of suspicion. 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 nothing has been
recovered from the conscious possession of the petitioner.
The petitioner has one 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
satisfaction of the learned Exclusive Special Excise Court-II,
Patna High Court CR. MISC. No.43000 of 2026(2) dt.02-07-2026
3/3
Nawada in connection with Kawakol P.S. Case No.213 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/-
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