Patna High Court
Bhui Lal Yadav @ Shiv Janam YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Narcotic and Smuggling 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 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
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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
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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/-
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