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Patna High Court

Jimdar Kumar Yadav @ Jimdar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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