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Patna High Court

Abhinandan Yadav @ KariyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U      T


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