Created by Fuzzy Cloud

Patna High Court

Bhui Lal Yadav @ Shiv Janam YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to bond, sureties, and statutory conditions.

Summary

The petitioner, Bhui Lal 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 50 litres recovered from a forest area. He contended that he was not present at the spot, had no possession of the liquor, and that the seizure list was unreliable, relying only on local villagers' disclosures. The Additional Public Prosecutor opposed his anticipatory bail, citing the petitioner’s involvement in three other criminal cases. The court examined the factual submissions and noted that the recovery did not prima facie show the petitioner's possession, and therefore granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 438(2) of the CrPC and Section 482(2) of the BNSS, to be surrendered within four weeks.

Issues considered

  • Whether anticipatory bail can be granted when the alleged illicit liquor was not in the petitioner's physical possession.
  • Whether the petitioner is liable under Section 30(a) of the Bihar Prohibition and Excise Act based on the recovery.
  • Whether the petitioner's prior criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • CrPC Section 438
  • BNSS Section 482
  • possession
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.43059 of 2026
                       Arising Out of PS. Case No.-334 Year-2025 Thana- CHAKAND District- Gaya
                 ======================================================
                 Bhui Lal Yadav @ Shiv Janam Yadav Son of Bali Yadav @ Ram Bali Yadav
                 R/o village - Tineri, P.S.- Chakand, District - Gaya Jee.

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr. Brijmohan Das, Advocate
                 For the Opposite Party :        Mr. Ramchandra Sahni, 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 Chakand P.S.

                   Case No.334 of 2025 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 50 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that the alleged recovery of illicit liquor was

                   made from forest area of village Tineri which is an open
Patna High Court CR. MISC. No.43059 of 2026(2) dt.02-07-2026
                                            2/3




          place accessible to general public. It is also submitted that

          petitioner was not present at the spot and also the petitioner

          is not in any way connected with the said liquor. It is further

          submitted that name of this petitioner arrayed solely on the

          disclosure made by the local people of village. It is also

          submitted that recovery of illicit liquor was not made from

          conscious possession of this petitioner. It is also submitted

          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 three more criminal

          cases, 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
            Patna High Court CR. MISC. No.43059 of 2026(2) dt.02-07-2026
                                                        3/3




                      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 Court of Exclusive Special Excise

                      Court No. 4, Gaya, in connection with Chakand P.S. Case

                      No.334 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.