Patna High Court
Baleshwar Yadav @ Baleshwar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, directing his release on bond and sureties subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Baleshwar Yadav, was implicated in a case of illegal liquor manufacturing after 21 litres of illicit liquor were recovered from a motorbike he owned. He was not named in the FIR and the prosecution’s case relied solely on his ownership of the vehicle, without any evidence of his possession, involvement, or complicity. The petitioner argued that the seizure list was unsupported by independent witnesses and highlighted his clean antecedent. The State opposed the grant of anticipatory bail. Considering the lack of material linking the petitioner to the offence and his clean record, the court ordered his release on bail subject to a bond and sureties, with conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the absence of material linking him to the alleged illegal liquor offence
- Whether the seizure of illicit liquor from the petitioner’s vehicle constitutes sufficient evidence of his involvement
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- illegal liquor
- anticipatory bail
- seizure of contraband
- clean antecedent
- vehicle ownership
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44883 of 2026
Arising Out of PS. Case No.-1236 Year-2023 Thana- Excise P.S. District- Jamui
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Baleshwar Yadav @ Baleshwar Mahto, S/o Nanku Mahto @ Nathu Yadav,
R/o Vill.- Saroon Marwa, P.s.- Chakai, Dist.- Jamui.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanju Singh, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-07-2026 Heard the parties.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with JAM P.S. Case
No.1236 of 2023 registered under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 21 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
Bike bearing Registration No. JH-15H-3593. It is further
submitted that the petitioner’s name has been surfaced in the
present case solely on the ground that he is the registered
owner of the seized vehicle, and not on the basis of any
material demonstrating his conscious possession, involvement
Patna High Court CR. MISC. No.44883 of 2026(2) dt.08-07-2026
2/2
or complicity in the alleged offence. It is also pointed out that
seizure list appears doubtful being not supported by
independent witnesses rather than by police personnel. The
petitioner claimed clean antecedent.
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, who is a man of clean
antecedent, 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 Excise Court-
II, Jamui in connection with JAM P.S. Case No.1236 of 2023,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
U T
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