Patna High Court

Munna Yadav @ Pradeep Prem Yadav @ Prem Yadav @ Prem Kumar YadavversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Since the illicit liquor was not recovered from the petitioner’s possession, the Court granted anticipatory bail subject to statutory conditions.

Summary

The petitioner, Munna Yadav, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 80 litres of liquor recovered in a 2021 case. He was charged under IPC sections 272, 273, 414, 120‑B, 34 and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The petitioner argued that his name appeared only because co‑accused disclosed plans to deliver the liquor to him, and that no liquor was found in his physical possession. The State opposed his request for anticipatory bail. The Court observed that the recovery was not made from the petitioner’s possession and, on that basis, ordered his release on anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail can be granted when the alleged offence is based solely on co‑accused statements without physical possession by the accused.
Whether the nature of the offences under the IPC and Bihar Prohibition Act justifies denial of anticipatory bail.
Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS are applicable in granting bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 120-B, 272, 273, 34, 414

Subjects

anticipatory bail
illicit liquor
illegal manufacturing
IPC
Bihar Prohibition Act
bail conditions
co‑accused testimony

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9141 of 2026
                    Arising Out of PS. Case No.-350 Year-2021 Thana- SIDHWALIYA District- Gopalganj
                 ======================================================
                 Munna Yadav @ Pradeep Prem Yadav @ Prem Yadav @ Prem Kumar Yadav
                 S/o Lal Babu Yadav R/o Village- Kund Supauli, P.S- Sidhawaliya, Dist-
                 Gopalganj.                                            ... ... Petitioner/s
                                                Versus
                 The State of Bihar.                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dewanand Tiwari, Advocate
                 For the Opposite Party/s :       Mr.Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   13-02-2026                  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 Sidhwaliya P.S.

                   Case No. 350 of 2021 registered under Sections 272, 273,

                   414, 120-B read with 34 of the Indian Penal Code and

                   Section 30(a) of the Bihar Prohibition and Excise Amendment

                   Act, 2018.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 80 liters of IMFL/country-made liquor from the

                   place of occurrence.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the name of petitioner transpired in this
Patna High Court CR. MISC. No.9141 of 2026(2) dt.13-02-2026
                                            2/3




          case on the basis of disclosure of apprehended co-accused,

          namely, Nikesh Kumar and Bikesh Kumar., who disclosed that

          they are in process to deliver the seized illicit liquor to this

          petitioner also. It is submitted that merely on the basis of

          suspicion, this petitioner was implicated with present case. It

          is also pointed out that admittedly recovery was not made

          from physical possession of this petitioner and, moreover

          petitioner found involved in two more criminal cases but of

          different nature, where he is on bail.

                       5. Learned APP opposed the prayer of anticipatory

          bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact, as the recovery of illicit liquor prima facie

          not appears to be made from physical possession of this

          petitioner, accordingly, the petitioner, above-named, is

          directed to be released on bail, in the event of his arrest or

          surrender in the court below within a period of four weeks, 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 and Additional Sessions Judge-XIII-cum-
              Patna High Court CR. MISC. No.9141 of 2026(2) dt.13-02-2026
                                                          3/3




                        Special Excise Court No.1, Gopalganj in connection with

                        Sidhwaliya P.S. Case No.350 of 2021, subject to the

                        conditions as laid down under Section 438(2) of the

                        Cr.P.C/under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T

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