Patna High Court
Raj Kumar Yadav @ Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the prima facie evidence did not show the petitioner’s possession of the seized liquor and therefore granted anticipatory bail.
Summary
Petitioner Raj 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 Amendment Act, with 10 litres of liquor seized. The petitioner contended that the liquor was recovered from the open banks of the Falgu river, not from his conscious possession, and that the seizure list lacked independent witnesses and was motivated by local political rivalry. The Additional Public Prosecutor opposed anticipatory bail. The court observed that, prima facie, the seizure did not establish possession by the petitioner and therefore granted anticipatory bail, directing surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the seizure of illicit liquor from a public river establishes possession by the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
- Whether anticipatory bail should be granted in view of the alleged lack of direct possession and political motivations.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- Section 438(2) CrPC
- political rivalry
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43564 of 2026
Arising Out of PS. Case No.-156 Year-2026 Thana- BUNIYAD GANJ District- Gaya
======================================================
Raj Kumar Yadav @ Raj Kumar, S/o Sakaldev Yadav, R/o Village -
Kukiyasin, P.S- Buniyadganj, District - Gaya
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh, 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 Buniyadganj P.S.
Case No.156 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise Amendment Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 10 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 banks of Falgu river, which is an open place accessible to
Patna High Court CR. MISC. No.43564 of 2026(2) dt.03-07-2026
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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. It is also pointed
out that the name of the petitioner surfaced due to local
village politics and rivalry. The petitioner has four 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 Additional Sessions Judge-cum-
Exclusive Special Excise Judge Court No.-1, Gaya Ji in
Patna High Court CR. MISC. No.43564 of 2026(2) dt.03-07-2026
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connection with Buniyadganj P.S. Case No.156 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/-
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