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Patna High Court

Baleshwar Yadav @ Baleshwar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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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