Patna High Court

Suresh Yadav @ Suresh Prasad Yadav @ Suresh GopversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, as the alleged possession was not proven to be conscious.

Summary

The petitioner, Suresh Yadav, was named in an FIR for alleged possession of 544.320 litres of illicit liquor and offences under Sections 30(a), 32(3) and 41 of the Bihar Prohibition and Excise Act, 2016. He sought anticipatory bail, contending that his name was implicated only through the testimony of a co‑accused and that he had no conscious physical possession of the liquor, also asserting a clean antecedent. The State opposed the bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's conscious possession. Consequently, the court ordered that, if arrested within four weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C.
Whether the petitioner had conscious physical possession of the illicit liquor alleged in the FIR.
Whether the provisions of Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita are applicable.

Legislation cited

Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3), 41
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
illicit liquor
possession
Bihar Prohibition and Excise Act
Criminal Procedure Code
Bhartiya Nagarik Suraksha Sanhita
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9602 of 2026
                       Arising Out of PS. Case No.-23 Year-2026 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Suresh Yadav @ Suresh Prasad Yadav @ Suresh Gop, S/o Late Hazari Yadav,
                 R/o Vrindavan Colony, Jakariyapur, P.S- Agamkuan, Distt.- Patna- 8000007.
                                                                             ... ... Petitioner
                                                   Versus
                 The State of Bihar                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Awadhendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-02-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Agamkuan P.S. Case

                   No.23 of 2026 registered for the offences punishable under

                   Sections 30(a), 32(3) and 41 of the Bihar Prohibition and Excise

                   Act, 2016.

                             3. The allegation against the petitioner is to have in

                   possession of 544.320 litres of illicit liquor and engaged in

                   illegal trading/manufacturing of illicit liquor.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that name of petitioner transpired in this case on the

                   basis of suspicion arising out of disclosure made by

                   apprehended co-accused namely, Pappu Kumar, who is tenant
            Patna High Court CR. MISC. No.9602 of 2026(2) dt.17-02-2026
                                                        2/2




                      of petitioner. It is submitted that alleged recovery of illicit liquor

                      was not made from conscious physical possession of this

                      petitioner. The petitioner claimed clean antecedent.

                               5. Learned A.P.P. for the State has opposed the prayer

                      for anticipatory bail of the petitioner.

                               6. In view of the aforesaid factual submissions and by

                      taking note of the fact as recovery of illicit liquor prima-facie not

                      appears to be made from conscious physical possession of this

                      petitioner, who is a man of clean antecedent, accordingly,

                      above-named petitioner, in the event of his arrest/surrender

                      within a period of four weeks from this order, is directed to be

                      enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten

                      thousand only) with two sureties of the like amount each to the

                      satisfaction of learned Exclusive Special Court of Excise, Patna

                      City/concerned court in connection with Agamkuan P.S. Case

                      No.23 of 2026, subject to the conditions as laid down under

                      Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya

                      Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                  (Chandra Shekhar Jha, J.)
    Sanjeet/-

U       T

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