Patna High Court
Jimdar Kumar Yadav @ Jimdar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the petitioner was not found to be in conscious possession of the illicit liquor and had a clean antecedent.
Summary
The petitioner, Jimdar Kumar Yadav, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 280 litres seized from a cow shed on his property. He contended that the seizure was based solely on a chowkidar’s statement, that the liquor was found in an open area accessible to the public, and that he neither possessed nor was present at the site of the alleged contravention. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined the factual submissions and noted the lack of evidence of the petitioner’s conscious possession and his clean antecedents. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 of the CrPC in the context of alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner was in possession of the seized illicit liquor sufficient to sustain the charge.
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43412 of 2026
Arising Out of PS. Case No.-677 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Jimdar Kumar Yadav @ Jimdar Rai S/O Rajendra Rai Resident of Village-
Gulariya Ahirtoli, P.S- Muffasil, Distt.- East Chamaparan.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Pravin Kumar, Advocate
For the Opposite Party : Mr. Rana Randhir Singh, 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 Muffasil P.S. Case
No.677 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 280 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed solely on
the disclosure made by the local chowkidar. It is also
Patna High Court CR. MISC. No.43412 of 2026(2) dt.02-07-2026
2/3
submitted that recovery of alleged illicit liquor was made
from the cow shed of petitioner which is an open place
accessible to the general public. It is further submitted that
petitioner is neither connected with the alleged illicit nor the
petitioner was present at the place of occurrence. 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. 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
Patna High Court CR. MISC. No.43412 of 2026(2) dt.02-07-2026
3/3
sureties of the like amount each to the satisfaction of the
learned Special Judge, Excise Court No.1, East Champaran,
Motihari, in connection with Muffasil P.S. Case No.677 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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.