Patna High Court
Abhinandan Yadav @ KariyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail, finding no prima facie evidence of the petitioner's conscious possession of the seized liquor.
Summary
The petitioner, Abhinandan Yadav, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly manufacturing and trading illicit liquor, with 25.815 litres seized from an open nala. He applied for anticipatory bail, arguing that the liquor was recovered from a public place, that he was not in conscious possession, and that the seizure list lacked independent witnesses. The Additional Public Prosecutor opposed the bail. The High Court observed that, prima facie, the recovery did not demonstrate the petitioner's physical possession and therefore granted anticipatory bail, directing his release upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order was made pending the petitioner's surrender or arrest within four weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the seizure of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the facts establish conscious possession of the seized liquor by the petitioner.
- Whether Section 482(2) of the BNSS can be invoked to grant bail in this circumstance.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- illegal liquor
- Section 30(a)
- possession
- Bihar Prohibition and Excise Act
- Section 482(2)
- high court order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45621 of 2026
Arising Out of PS. Case No.-132 Year-2026 Thana- KOCHAS District- Rohtas
======================================================
Abhinandan Yadav @ Kariya Son of Nirmal Singh @ Nirmal Yadav Resident
of Village- Ojhwalia, P.S.- Kochas, District- Rohtas
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Shashi Kant, Adv.
For the Opposite Party : Mr. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 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 Kochas P.S. Case
No.132 of 2026 registered under Section 30(a) 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 25.815 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that recovery of alleged illicit liquor was made
from nala which is an open place accessible to general
Patna High Court CR. MISC. No.45621 of 2026(2) dt.10-07-2026
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public. It is also submitted name of petitioner arrayed solely
on the disclosure made by the local chowkidar. It is further
submitted that petitioner was not apprehended at the spot
and it can be safely said that recovery of illicit liquor was not
made from conscious possession of this petitioner. It is
further submitted that the seizure list also appears doubtful
being not supported by independent witnesses rather than by
police personnel. Explaining criminal antecedent, it is
submitted that the petitioner found involved in two more
criminal cases of similar nature, where 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 the 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
Patna High Court CR. MISC. No.45621 of 2026(2) dt.10-07-2026
3/3
satisfaction of the learned Exclusive Special Judge, Excise
Court No. 2, Rohtas at Sasaram, in connection with Kochas
P.S. Case No.132 of 2026, subject to the conditions as laid
down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
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