Patna High Court
Jaidev Sahu @ Jaydev Kumar SahuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail, directing the petitioner’s release on bail bond subject to statutory conditions.
Summary
The petitioner, Jaidev Sahu, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2018, with 10.70 litres of liquor seized from his hut. He contended that the liquor was not in his conscious possession and that the search violated Section 103(4) of the BNSS because no independent witness was present. The petitioner sought anticipatory bail, arguing that the seizure was not prima facie linked to him and that the case arose from local political rivalry. The Additional Public Prosecutor opposed the bail. The court examined the material and found no clear evidence of possession, and noted procedural lapses in the search, and therefore directed that the petitioner be released on anticipatory bail upon furnishing a bail bond with sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged seizure of illicit liquor.
- Whether the seizure of the liquor complied with the procedural requirements of Section 103(4) of the BNSS.
- Whether there is sufficient material to establish the petitioner's conscious possession of the seized liquor.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 41
- BNSS — s. 103(4), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- search and seizure
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43540 of 2026
Arising Out of PS. Case No.-229 Year-2026 Thana- BIRAUL District- Darbhanga
======================================================
Jaidev Sahu @ Jaydev Kumar Sahu, S/o Prem sahu R/o Haat Gachhi, P.o.-
Biraul, P.s.- Biraul, Distt.- Darbhanga
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mrs. Jyoti Kumari, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, 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 Biraul P.S. Case
No.229 of 2026 registered under Sections 30(a) and 41 of
the Bihar Prohibition and Excise Act, 2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 10.70 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
the hut of the petitioner. It is further submitted that no
Patna High Court CR. MISC. No.43540 of 2026(2) dt.03-07-2026
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recovery has been effected from the conscious and exclusive
possession of the petitioner, and there is no material on
record to establish his conscious possession of the alleged
illicit liquor. It is argued that Section 103(4) of BNSS has
not been complied with qua search of premises, inasmuch as
no independent witness was associated with the search and
seizure list and the seizure witnesses were police personnel
themselves. It is also pointed out that the name of the
petitioner surfaced due to the village politics and local
rivalry. The petitioner has one criminal antecedent of similar
nature, 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
Patna High Court CR. MISC. No.43540 of 2026(2) dt.03-07-2026
3/3
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge-II (Excise
Act), Darbhanga in connection with Biraul P.S. Case No.229
of 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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