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Patna High Court

SUBHASH KUMAR @ SUBHASH YADAVversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail, finding no prima facie material establishing the petitioner’s possession of the seized liquor.

Summary

Subhash Kumar Yadav was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, after 7.44 litres of liquor were recovered from a motorcycle. The petitioner argued that he neither owned the vehicle nor was apprehended on the spot, and that his name appeared only in the co‑accused’s disclosure statement, with no material showing his conscious possession or involvement. The Additional Public Prosecutor opposed the petition for anticipatory bail. The court examined the lack of direct evidence linking the petitioner to the seized liquor and, applying Section 482(2) of the BNSS, directed that the petitioner be released on anticipatory bail upon surrender, subject to a bond of Rs.10,000 and two sureties. The order emphasized that the recovery of illicit liquor did not prima facie establish the petitioner’s possession.

Issues considered

  • Whether anticipatory bail should be granted when the seized illicit liquor is not directly linked to the petitioner’s possession.
  • Whether the co‑accused’s statement alone suffices to establish the petitioner’s involvement under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • Bihar Prohibition Act
  • Section 30(a)
  • co‑accused statement
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48807 of 2026
                         Arising Out of PS. Case No.-420 Year-2025 Thana- BAISI District- Purnia
                 ======================================================
                 SUBHASH KUMAR @ SUBHASH YADAV, Son of Uttam Lal Yadav,
                 Resident of Village - Chand Tola, Ward No. 02, P.S.- Bayasi, Distt.- Purnia.

                                                                                       ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nishant Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Tarkeshwar Nath Thakur, 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 Bayasi P.S. Case

                   No.420 of 2025 registered under Section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act,2022.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 7.440 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 Motorcycle. It is further submitted that the petitioner is
Patna High Court CR. MISC. No.48807 of 2026(2) dt.10-07-2026
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          neither the owner of the seized vehicle nor was he

          apprehended on the spot, and not on the basis of any

          material        demonstrating           his      conscious   possession,

          involvement or complicity in the alleged offence. It is further

          submitted that the name of the petitioner surfaced solely on

          the disclosure statement made by co-accused, namely,

          Shivam Kumar Yadav, who was apprehended on the spot. It

          is also pointed out that seizure list appears doubtful being

          not supported by independent witnesses rather than by

          police personnel. The petitioner has two criminal antecedent,

          in which, 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 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
            Patna High Court CR. MISC. No.48807 of 2026(2) dt.10-07-2026
                                                        3/3




                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Exclusive Special Judge Excise-I,

                      Purnia in connection with Bayasi P.S. Case No.420 of 2025 ,

                      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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