Patna High Court
Gorakh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery of liquor did not prima facie constitute possession by the petitioner, and therefore granted anticipatory bail.
Summary
Gorakh 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, 2016, with 304.5 litres seized from a canal behind his house. The petitioner argued that the liquor was in an open public area and not in his conscious possession, and that the seizure list lacked independent witnesses. He also disclosed a prior criminal case for which he was on bail. The State opposed his application for anticipatory bail. The High Court, noting that the seizure did not prima facie establish possession, directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the seizure of illicit liquor from a public canal establishes the petitioner's possession for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether anticipatory bail should be granted despite the petitioner's prior criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Section 30
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43527 of 2026
Arising Out of PS. Case No.-132 Year-2026 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Gorakh Yadav, S/o- Tannu Yadav @ Tanuk Yadav, R/o Village- Ekvinda, P.S.-
Sadar, Dist- Darbhanga
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad, Advocate
For the Opposite Party/s : Mrs. Meena Singh, 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 Sadar P.S. Case
No.132 of 2026 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 304.5 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
Patna High Court CR. MISC. No.43527 of 2026(2) dt.03-07-2026
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a Canal behind the house of the petitioner. Being an open
place, it is accessible to the general public and, therefore, it
cannot be said that the alleged recovery was made from the
conscious possession of the petitioner. It is further submitted
that seizure list also appears doubtful being not supported by
independent witnesses rather than by police personnel. The
petitioner has one criminal antecedent, in which, 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 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
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 Exclusive Special, Excise Court-1,
Darbhanga in connection with Sadar P.S. Case No.132 of
Patna High Court CR. MISC. No.43527 of 2026(2) dt.03-07-2026
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2026, 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/-
U T
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