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Patna High Court

Bhogendra Saday @ Bhogindra SadayversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the recovery of illicit liquor from the petitioner’s courtyard established sufficient grounds to deny bail.

Summary

The petitioner, Bhogendra Saday, was implicated in a case (P.S. Case No. 120 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2022 after 36 litres of illicit Nepali (Chulai) liquor were recovered from the courtyard of his house. The petitioner argued that no liquor was found in his conscious possession, he had a clean antecedent, and he was being accused merely on suspicion, thus seeking anticipatory bail. The State opposed the bail, emphasizing that the recovery occurred on the petitioner’s premises. The Court considered that the presence of the illicit liquor on the petitioner’s property indicated a sufficient nexus to justify denial of anticipatory bail. Consequently, the Court refused the petitioner's prayer for anticipatory bail.

Issues considered

  • Whether anticipatory bail can be granted when illicit liquor is recovered from the petitioner’s premises despite lack of direct possession.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43700 of 2026
                     Arising Out of PS. Case No.-120 Year-2026 Thana- PANDAUL District- Madhubani
                 ======================================================
                 Bhogendra Saday @ Bhogindra Saday S/O Lochan Saday Resident of village
                 - Harpur Gurmaha, P.S - Pandaul, District - Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Subhash Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   08-07-2026                         Heard learned counsel for the petitioner and the

                   State.

                                2. Petitioner apprehends arrest in Pandaul P.S. Case

                   No. 120 of 2026, registered for the offence punishable under

                   Section 30(a) of Bihar Prohibition and Excise Act, 2022.

                                3. As per prosecution case, total 36 liters of illicit

                   Nepali (Chulai) liquor was recovered from the courtyard of the

                   house of the petitioner.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner has got no concern with

                   the alleged recovery and he has been made accused in this case

                   only on suspicion. Petitioner claims clean antecedent.

                                5. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.43700 of 2026(2) dt.08-07-2026
                                                       2/2




                     bail and submits that recovery has been made from the

                     courtyard of the petitioner.

                                  6. Considering the fact that the recovery of illicit

                     Nepali (Chulai) liquor has been made from the courtyard of the

                     petitioner, prayer for anticipatory bail of the petitioner is

                     refused.



                                           (Prabhat Kumar Singh, J)
Alok/Sanjay-

U      T


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