Patna High Court
ANIL RAI @ ANIL YADAVversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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
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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
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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/-
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