Patna High Court
Rupesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
Rupesh Yadav was arrested in connection with a case alleging illegal possession of 800 litres of spirit, charged under IPC sections 272, 273/34 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating that the liquor was recovered from a joint family house and that no incriminating material was found in his personal possession. He highlighted that a co‑accused had already been granted bail, he had no prior criminal record, and there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court, considering the length of custody and the circumstances, decided to grant bail. The petitioner was ordered to be released on a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case under IPC sections 272, 273/34 and the Bihar Prohibition and Excise Act.
- Whether the absence of incriminating material in the accused's personal possession and the lack of prior criminal record justify bail.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Indian Penal Code — s. 272, 273, 34
Subjects
- bail
- illegal possession of liquor
- IPC 272
- IPC 273
- IPC 34
- Bihar Prohibition Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- anticipatory bail
- joint house
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12147 of 2026
Arising Out of PS. Case No.-389 Year-2020 Thana- KOTWA District- East Champaran
======================================================
Rupesh Yadav S/o Tulan Yadav @ Tulan Rai Resident of village -
Lakshamanwa, P.s.- Kotwa, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
Ms. Hansha Shashwat, Advocate
For the Opposite Party/s : Mr.Anish Chandra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Kotwa
P.S. Case No. 389 of 2020, instituted for the offences punishable
under Sections 272 and 273/34 of the I.P.C. and Section 30(a) of
the Bihar Prohibition and Excise Act. Earlier, anticipatory bail
application of the petitioner was rejected vide order dated
15.02.2022 passed in Criminal Miscellaneous No. 18474 of
2021.
3. The prosecution case, in short, is that total 800
liters of spirit was recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.12147 of 2026(2) dt.23-02-2026
2/2
no concern with the alleged recovery of spirit. Learned counsel
for the petitioner further submitted that the recovery has been
made from joint house of the petitioner, where other family
members also reside. Learned counsel for the petitioner further
submits that other co-accused has been granted bail by a Co-
ordinate Bench of this Court vide order dated 14.12.2021 passed
in Cr. Misc. No. 18097 of 2021. The petitioner is in custody
since 20.11.2025 and has got no criminal antecedent. There is
no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Kotwa P.S. Case No.
389 of 2020.
(Rudra Prakash Mishra, J)
manish/-
U T
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