Sanjay Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Sanjay Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: petitioner to be released on bail upon arrest or surrender within four weeks, on bail bond of Rs.10,000/- with two sureties of the like amount each, before the learned District and Additional Sessions Judge-cum-Exclusive Special Judge, Excise Court No. 1, Aurangabad (Bihar), in connection with Aurangabad Muffasil P.S. Case No.101 of 2026, subject to conditions under Section 482(2) of the BNSS.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, named in the FIR and apprehending arrest in Aurangabad Muffasil P.S. Case No.101 of 2026 (Section 30(a), Bihar Prohibition and Excise (Amendment) Act, 2022). +1 more

Court's answer

Petitioner directed to be released on bail in the event of his arrest or surrender within a period of four weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned District and Additional Sessions Judge-cum-Exclusive Special Judge, Excise Court No. 1, Aurangabad (Bihar), subject to the conditions laid down under Section 482(2) of the BNSS.

Ratio / Principle

Anticipatory bail granted on the court's prima facie assessment that the recovery of illicit liquor does not appear to have been made from the physical possession of the petitioner.

Detailed headnote1 paragraphs

Anticipatory bail granted - Patna High Court (Chandra Shekhar Jha, J.), Criminal Miscellaneous No.32548 of 2026, oral order dated 20-07-2026. Petitioner Sanjay Yadav, named in the FIR in Aurangabad Muffasil P.S. Case No.101 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 (alleged illegal trade/manufacturing of illicit liquor; recovery of 100 litres of IMFL/country-made liquor), apprehended arrest. Counsel argued that the liquor was recovered from straws kept in an open place accessible to the general public, that the seizure list was disputed for want of independent witnesses, and that the petitioner was on bail in two other criminal cases; the learned APP opposed the prayer. Taking note that prima facie the recovery did not appear to be from the petitioner's physical possession, the court allowed the prayer and directed release, in the event of arrest or surrender within four weeks, on a bail bond of Rs.10,000/- with two sureties of the like amount each before the District and Additional Sessions Judge-cum-Exclusive Special Judge, Excise Court No. 1, Aurangabad (Bihar), subject to the conditions laid down under Section 482(2) of the BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32548 of 2026

Arising Out of PS. Case No.-101 Year-2026 Thana- MUFFASIL District- Aurangabad

======================================================

Sanjay Yadav Son of Late Hira Yadav Resident of Village- Jhikatiya, P.S.Aurangabad Muffasil, District- Aurangabad (Bihar).

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

====================================================== Appearance : For the Petitioner : Mr. Aman Vishal, Adv. For the Opposite Party : Mr. Pushpa Sinha.1, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

3 20-07-2026

Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

The accused/petitioner is named in the FIR and

apprehending his arrest in connection with Aurangabad Muffasil P.S. Case No.101 of 2026 registered under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 100 litres of IMFL/country-made liquor.

It is submitted by learned counsel appearing for

the petitioner that recovery of alleged illicit liquor was made

Patna High Court CR. MISC. No.32548 of 2026(3) dt.20-07-2026 2/3

from straws which was kept in open place and accessible to general public and as such it can be safely gathered that the recovery of alleged illicit liquor was not made from conscious possession of this petitioner. It is further submitted that seizure list also appears disputed being not supported by independent witness. While concluding the argument, it submitted that petitioner found involved in two more criminal cases, where he is on bail.

Learned APP opposed the prayer of anticipatory bail to the petitioner.

In view of aforesaid factual submissions and by taking note of the 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 District and Additional Sessions Judge-cum- Exclusive Special Judge, Excise Court No. 1,

Patna High Court CR. MISC. No.32548 of 2026(3) dt.20-07-2026 3/3

Aurangabad (Bihar), in connection with Aurangabad Muffasil P.S. Case No.101 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.)

Aniket/-

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