Patna High Court
Rabindra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner.
Summary
The petitioner, Rabindra Kumar Yadav, was arrested after 90.75 litres of liquor were recovered from the courtyard of his joint family house and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, lack of incriminating material in his personal possession, no prior criminal record, and that the recovery was from a shared residence. The State opposed the bail. The court noted the absence of material directly linking the petitioner to the liquor, the short period of custody since 5 January 2026, and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these factors, the court decided to grant bail, directing the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts of the case.
Legislation cited
Subjects
- bail
- excise
- prohibition
- Section 30(a)
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12465 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Rabindra Kumar Yadav S/O Bhageshwar Yadav R/O Village- Siswa Barhi,
Ward No.-05, P.S - Phulparas, District- Madhubani, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Jhanjharpur P.S. Case No. 04 of 2026, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 90.750 liters
liquor was recovered from courtyard of petitioner and he was
arrested on spot.
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.12465 of 2026(2) dt.24-02-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the alleged recovery has
been made from the joint house of the petitioner where other
family members also reside. The petitioner is in custody since
05.01.2026 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 Jhanjharpur P.S.
Case No. 04 of 2026.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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