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Patna High Court

ANIL RAI @ ANIL YADAVversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the recovery of illicit liquor was not prima facie made from the petitioner's possession and consequently granted anticipatory bail.

Summary

The petitioner, Anil Rai, 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, 2022, with 276 litres of liquor seized. He contended that the liquor was recovered from an open field accessible to the public and not from his conscious possession, and that the seizure list lacked independent witnesses, relying only on a local watchman's disclosure. The petitioner, who has five prior similar criminal antecedents, sought anticipatory bail. The Additional Public Prosecutor opposed the bail. The court examined the factual submissions and concluded that the recovery did not prima facie establish possession by the petitioner, and therefore granted anticipatory bail subject to 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 establishes possession sufficient to deny anticipatory bail.
  • Whether the petitioner is entitled to anticipatory bail despite prior similar criminal antecedents.
  • Whether the procedural requirements under Section 438(2) CrPC and Section 482(2) BNSS are satisfied for granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • BNSS
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44764 of 2026
                   Arising Out of PS. Case No.-102 Year-2026 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 ANIL RAI @ ANIL YADAV, S/o Umashankar Rai @ Umashankar Yadav,
                 Resident of village- Naraha, Ps- Rajepur, District- East Champaran

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sugandh Saurabh, Advocate
                 For the Opposite Party/s :       Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   07-07-2026                         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 Rajepur P.S. Case

                   No.102 of 2026 registered under Section 30(a) of the Bihar

                   Prohibition and Excise Act, 2022.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 276 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

                   a field, which is an open place accessible to the general
Patna High Court CR. MISC. No.44764 of 2026(2) dt.07-07-2026
                                            2/3




          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 solely on the

          disclosure made by a local Chaukidar. The petitioner has five

          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

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Exclusive Special Excise Court-III,

          East Champaran, Motihari in connection with Rajepur P.S.
             Patna High Court CR. MISC. No.44764 of 2026(2) dt.07-07-2026
                                                         3/3




                       Case No.102 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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