Patna High Court
Nandu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that mere ownership of the vehicle does not constitute conscious possession, and therefore anticipatory bail was granted.
Summary
Nandu Yadav was named in an FIR for alleged illegal manufacture and trade of illicit liquor after 855 litres of liquor were recovered from a pick‑up van he owned. The prosecution charged him under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner argued that ownership of the vehicle did not prove his conscious possession or participation in the offence and highlighted his clean antecedent. The Additional Public Prosecutor opposed his anticipatory bail. The court observed that the seizure list lacked independent corroboration and that mere ownership was insufficient to deny bail. Consequently, the court granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, with conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether ownership of a vehicle from which illicit liquor is seized establishes sufficient grounds to deny anticipatory bail.
- Whether the petitioner’s clean antecedent and lack of evidence of conscious possession justify granting anticipatory bail under Section 438 CrPC and Section 482(2) BNSS.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- vehicle ownership
- clean antecedent
- CrPC
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43508 of 2026
Arising Out of PS. Case No.-192 Year-2025 Thana- BARHIYA District- Lakhisarai
======================================================
Nandu Yadav, Son of Ishwar Yadav, Resident of Village- Jajal (Patambar),
P.O.- Patambar, P.S.- Sikandra, District- Jamui.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Anand, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 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 Barhiya P.S. Case
No.192 of 2025 registered under Section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 855 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
a pick-up van bearing Registration No. BR53G-4926. It is
further submitted that the petitioner’s name has been
Patna High Court CR. MISC. No.43508 of 2026(2) dt.03-07-2026
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surfaced in the present case solely on the ground that he is
the registered owner of the seized vehicle, and not on the
basis of any material demonstrating his conscious
possession, involvement or complicity in the alleged offence.
It is also pointed out that seizure list appears doubtful being
not supported by independent witnesses rather than by
police personnel. The 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 fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
man of clean antecedent 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 Additional District and Sessions Judge-IV-cum-
Special Judge (Excise Act), Lakhisarai in connection with
Patna High Court CR. MISC. No.43508 of 2026(2) dt.03-07-2026
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Barhiya P.S. Case No.192 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.)
Raushan/-
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