Patna High Court
Durgesh Yadav @ Durgesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court granted bail to the petitioner, holding that the recovery of illicit liquor was not prima facie linked to his possession.
Summary
The petitioner, Durgesh Yadav, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Excise Act, with 38 litres of liquor recovered. The petitioner contended that the liquor was recovered from a sack and he had no physical possession or direct involvement, and that his name was disclosed by an unknown source. The State opposed bail, noting the petitioner was already on bail in another case. The court examined whether the recovery was linked to the petitioner’s possession and considered the applicability of Section 482(2) of the BNSS for granting bail. Finding that the recovery was not prima facie from the petitioner’s possession, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions. The bail order was directed to be implemented by the District & Additional Sessions Judge, Gopalganj.
Issues considered
- Whether bail can be granted when the seized illicit liquor is not in the petitioner’s physical possession
- Whether Section 482(2) of the BNSS empowers the High Court to grant bail in such circumstances
Legislation cited
- BNSS — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- Section 30 Excise Act
- Section 482 CrPC
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45984 of 2026
Arising Out of PS. Case No.-373 Year-2025 Thana- UCHKAGAON District- Gopalganj
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Durgesh Yadav @ Durgesh Kumar Yadav S/o Shivnath Yadav @ Shreenath
Yadav R/o Vill- dahibhata, P.S.- Uchkagaon, Distt- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ghanshyam
For the Opposite Party/s : Mr.Abhay Kumar Roy
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 Heard the parties
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Uchkagaon P.S. Case
No. 373 of 2025 registered for the offences punishable under
Section 30(a) of Excise Act.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 38 litres of IMFL/country made liquor.
4.Learned counsel appearing on behalf of the petitioner
submitted that recovery of illicit liquor was made from sack and
petitioner is not connected in any manner with recovery of illicit
liquor. It is submitted that petitioner was not arrested on the spot
and nothing was recovered from the conscious possession of this
Patna High Court CR. MISC. No.45984 of 2026(2) dt.10-07-2026
2/2
petitioner. It is submitted that the name of petitioner transpires
on the basis of disclosure made by unknown source to Police.
Petitioner found involved in one more criminal case where he is
on bail .
5 Learned APP, opposed the prayer of bail.
6. In view of aforesaid factual and legal submission
and by taking note of fact as recovery of illicit liquor prima-facie
not appears to be made from the physical possession of the
petitioner, accordingly petitioner above-named, in the event of his
arrest or surrender before the court below within a period of four
weeks, is directed to be released on bail, furnishing bail bond of
Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned District & Addl.
Sessions Judge XIII, cum Spl. Excise Court No. I, Gopalganj
/concerned Court, where the case is pending in connection with
Uchkagaon P.S. Case No. 373 of 2025, subject to the conditions
as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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