Patna High Court

Manoj YadavversusThe State of Bihar

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

Holding

The Court granted anticipatory bail to the petitioner.

Summary

Manoj Yadav was named in an FIR for allegedly possessing 20.250 litres of illicit liquor and engaging in illegal trade under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that the liquor was recovered from an open area behind his house, which he does not own, and that the seizure list lacked independent witnesses. The State opposed his request for anticipatory bail. The Court observed that, prima facie, the liquor was not in the petitioner's conscious possession and noted his clean antecedent. Consequently, the Court granted anticipatory bail, subject to a bond of Rs.10,000 with two sureties and 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 the circumstances.
Whether the seizure of illicit liquor establishes a prima facie case of possession against the petitioner.
Whether the provisions of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are applicable.

Legislation cited

Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
illicit liquor
excise law
possession
Section 30
Section 438
Section 482
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9640 of 2026
                       Arising Out of PS. Case No.-1375 Year-2025 Thana- Excise P.S. District- Purnia
                 ======================================================
                 Manoj Yadav, S/o Late Shukdev Yadav @ Shukdev Prasad Yadav, R/o Village
                 - Khairuganj, Ward No. 31, P.S. - Sadar, District - Purnea
                                                                                   ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                            ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Pushpendra Kumar Singh, Advocate
                 For the Opposite Party/s :         Mr. Arun Kumar, 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 Purnea Excise P.S.

                   Case No.1375 of 2025 registered for the offence punishable

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

                   (Amendment) Act, 2022.

                             3. The allegation against the petitioner is to have in

                   possession of 20.250 litres of illicit liquor and engaged in

                   illegal trading/manufacturing of illicit liquor.

                             4. Learned counsel appearing on behalf of the

                   petitioner submitted that alleged recovery of illicit liquor was

                   not made from conscious physical possession of this
Patna High Court CR. MISC. No.9640 of 2026(2) dt.17-02-2026
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          petitioner. It is submitted that alleged recovery of illicit liquor

          was made from back side of the petitioner’s house, which is

          an open place and accessible to general public and moreover

          petitioner is not the owner of said land. It is submitted that

          seizure list was not supported by independent witnesses

          rather same was supported by police personnel. 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 Judge, Excise

          Court No.2, Purnea/concerned court in connection with

          Purnea Excise P.S. Case No.1375 of 2025, subject to the
           Patna High Court CR. MISC. No.9640 of 2026(2) dt.17-02-2026
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                     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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