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

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

What the court decided

AI extract

Outcome

Pre-arrest bail granted: petitioner to be released upon arrest or surrender before the learned District Court within four weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions and District Court verification of criminal antecedents (order void automatically if other pending cases exist as stated in paragraph 3 of the bail application); copy of order to be communicated to the Chief Secretary, Government of Bihar.

Issue for consideration

Whether petitioner Sanoj Yadav should be granted pre-arrest bail in connection with Excise P.S. Case No. 451 of 2019, registered for offences punishable under Sections 30(a) and 38(2) of the Bihar Prohibition and Excise Act, given the alleged recovery of 388.800 litres of illicit liquor from his wheat field.

Court's answer

Pre-arrest bail granted: taking into account the rival submissions and the facts that the recovery of 388.800 litres of illicit liquor was from the petitioner's wheat field, an open place easily accessible to anyone, and that the State has failed to implement its liquor policy in its true spirit, the petitioner is directed to be released on pre-arrest bail upon arrest or surrender before the learned District Court within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) BNSS.

Ratio / Principle

Conditional order: the learned District Court is directed to verify the criminal antecedents of the petitioner as stated in paragraph no. 3 of the bail application; if any other case is found pending against the petitioner as stated there, this order will lose its force automatically.

Key takeaways

Advisory direction (incidental to the grant of bail): the Court, stating it must not abdicate its constitutional duty, directs that a copy of the order be communicated to the Chief Secretary, Government of Bihar, to take proper care of the petitioner and his rehabilitation, citing the failure to carry the mandate of Article 47 of the Constitution, particularly where juveniles or persons aged between 18 and 35 years are indulged in offences relating to the Excise Act, 2016.obiter¶22

Detailed headnote1 paragraphs

Pre-arrest (anticipatory) bail — Bihar Prohibition and Excise Act, Sections 30(a) and 38(2) — Patna High Court, CR. MISC. No.8298 of 2026 (Oral Order, Purnendu Singh, J., 17-02-2026) — Allegation of recovery of 388.800 litres of illicit liquor from petitioner's wheat field in Excise P.S. Case No. 451 of 2019 (East Champaran) — Recovery site being an open place easily accessible to anyone, coupled with the Court's observation that the State has failed to implement its liquor policy in its true spirit, pre-arrest bail granted: release upon arrest/surrender within four weeks on bail bond of Rs. 10,000/- with two like sureties, subject to conditions under Section 482(2) BNSS — Order conditional: District Court to verify criminal antecedents stated in paragraph 3 of the bail application; order void automatically if other pending cases surface — Incidentally, invoking Article 47 of the Constitution, copy of order communicated to Chief Secretary, Bihar, for care and rehabilitation of the petitioner and of juveniles/persons aged 18–35 involved in Excise Act, 2016 offences.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8298 of 2026

Arising Out of PS. Case No.-451 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran

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

Sanoj Yadav, aged about 25 years, Male, Son of Bhegari Yadav, Resident of Village- Inargachi, P.S.- Sangrampur, District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 17-02-2026

Heard Mr. Manoj Kumar, learned counsel

appearing on behalf of the petitioner and Mr. Khurshid Anwar, learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Excise P.S. Case No. 451 of 2019 registered for the offence punishable under Section 30 (a) and 38(2) of the Bihar Prohibition and Excise Act as amended up-to-date.

Allegation is of recovery of 388.800 litres of illicit liquor from the wheat field of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged seized liquor nor he is involved in trade of illicit liquor in any

Patna High Court CR. MISC. No.8298 of 2026(2) dt.17-02-2026 2/3

manner. The recovery was made from the wheat filed of the petitioner, which is an open place and easily accessible to anyone. On these grounds, petitioner seeks to be released on pre-arrest bail.

Learned APP for the State has vehemently opposed

the prayer for grant of pre-arrest bail to the petitioner.

Considering the rival submissions made on behalf of the parties, as well as, the fact that the recovery of 388.800 litres of illicit liquor from the wheat field of the petitioner, which is an open place and easily accessible to any one and also the fact that the State has failed to implement its liquor policy in its true spirit, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, 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 Court where the case is pending, in connection with Excise P.S. Case No. 451 of 2019, subject to the condition as laid down under Section 482(2) of the BNSS.

The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is

Patna High Court CR. MISC. No.8298 of 2026(2) dt.17-02-2026 3/3

pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically.

Before parting with the order, I find that this Court must not abdicate from its constitutional duty to advise the Chief Secretary to take proper care of the petitioner and his rehabilitation, having failed to carry the mandate of Article 47 of the Constitution of India in its true spirit, particularly in those case where juvenile or those who are aged between 18 to 35 years are indulged into offences relating to Excise Act, 2016.

Let a copy of this order be communicated to the Chief Secretary, Government of Bihar.

The present bail application is disposed of.

(Purnendu Singh, J)

Niraj/-