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Patna High Court

Rupesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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