Patna High Court
CR. MISC./59335/2026 of Sadhu Yadav Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59335 of 2026 Arising Out of PS. Case No.-183 Year-2026 Thana- BANJARIA District- East Champaran ====================================================== Sadhu Yadav, S/o Basah Rai, R/o Mokhlishpur, P.S- Banjariya, District- East Champaran ...
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59335 of 2026
Arising Out of PS. Case No.-183 Year-2026 Thana- BANJARIA District- East Champaran ======================================================
Sadhu Yadav, S/o Basah Rai, R/o Mokhlishpur, P.S- Banjariya, District- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s
:
Mr. Ranjana Srivastava, Adv.
For the Opposite Party/s :
Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
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ORAL ORDER
19-08-2026 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 Banjariya P.S. Case No.183 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 5 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 jute bag. Being an open place, it is accessible to the Patna High Court CR. MISC. No.59335 of 2026(2) dt.19-08-2026
general public and, therefore, it cannot be said that the alleged recovery was made from the conscious possession of the petitioner. It is further submitted that seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. It is also pointed out that the name of the petitioner surfaced due to village politics. Explaining criminal antecedent, it is submitted that petitioner found involved in one more criminal case of similar nature.
5. Learned APP opposed the prayer of anticipatory bail to the petitioner.
6. In view of aforesaid factual submissions and by taking of 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 Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court Patna High Court CR. MISC. No.59335 of 2026(2) dt.19-08-2026
No.-1, East Champaran at Motihari in connection with Banjariya P.S. Case No.183 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.
Raushan/- (Chandra Shekhar Jha, J.) U T