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Patna High Court

Raj Kumar Yadav @ Raj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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/-

U       T


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