Patna High Court
Sanoj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court grants pre‑arrest bail to the petitioner subject to a bail bond, sureties and compliance with Section 482(2) of the BNSS.
Summary
The petitioner, Sanoj Yadav, was implicated in an excise case for the alleged recovery of 388.8 litres of illicit liquor from his wheat field, alleged under Sections 30(a) and 38(2) of the Bihar Prohibition and Excise Act. He contended that the liquor was seized from an open field accessible to anyone and that he had no involvement in its trade, seeking pre‑arrest bail. The State opposed the bail, arguing the seriousness of the offence. The High Court, considering the open‑field circumstance, the petitioner’s claim of false implication, and the State’s failure to implement its liquor policy, granted pre‑arrest bail subject to a Rs 10,000 bond, two sureties, and compliance with Section 482(2) of the BNSS. The Court also directed the District Court to verify the petitioner’s criminal antecedents and advised the Chief Secretary to ensure the petitioner’s rehabilitation under Article 47 of the Constitution. The bail application was disposed of with the order to release the petitioner if arrested or surrendered within four weeks.
Issues considered
- Whether pre‑arrest bail should be granted in an excise case involving a large quantity of illicit liquor.
- Whether the open‑field nature of the alleged seizure negates the petitioner’s culpability.
- Whether the petitioner’s claim of false implication warrants bail.
- Whether Section 482(2) of the BNSS can be invoked to condition the bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- excise law
- illicit liquor
- false implication
- open field
- Article 47
- rehabilitation
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8298 of 2026
Arising Out of PS. Case No.-451 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.
District- East Champaran
======================================================
Sanoj Yadav, aged about 25 years, Male, Son of Bhegari Yadav, Resident of
Village- Inargachi, P.S.- Sangrampur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Mr. Manoj Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Khurshid Anwar,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Excise P.S. Case No. 451 of 2019 registered for the offence
punishable under Section 30 (a) and 38(2) of the Bihar
Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 388.800 litres of illicit
liquor from the wheat field of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in the present case. Petitioner has no concern with the alleged
seized liquor nor he is involved in trade of illicit liquor in any
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manner. The recovery was made from the wheat filed of the
petitioner, which is an open place and easily accessible to
anyone. On these grounds, petitioner seeks to be released on
pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that the recovery of 388.800
litres of illicit liquor from the wheat field of the petitioner,
which is an open place and easily accessible to any one and also
the fact that the State has failed to implement its liquor policy in
its true spirit, the petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four weeks from today, on 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 Court where the
case is pending, in connection with Excise P.S. Case No. 451 of
2019, subject to the condition as laid down under Section 482(2)
of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
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pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
8. Before parting with the order, I find that this Court
must not abdicate from its constitutional duty to advise the
Chief Secretary to take proper care of the petitioner and his
rehabilitation, having failed to carry the mandate of Article 47
of the Constitution of India in its true spirit, particularly in
those case where juvenile or those who are aged between 18 to
35 years are indulged into offences relating to Excise Act, 2016.
9. Let a copy of this order be communicated to the
Chief Secretary, Government of Bihar.
10. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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