Patna High Court
SUBHASH KUMAR @ SUBHASH YADAVversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 482(2)
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
2/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.