Patna High Court
Rajesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Rajesh Yadav was arrested in connection with the recovery of 230 litres of country‑made liquor from three motorcycles, alleged to be the owner of one motorcycle from which 70 litres were seized. He contended that he was a passer‑by, had no criminal antecedent, and that no incriminating material was found in his possession, also noting non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, invoking Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act. The Court examined the length of custody, the lack of direct evidence linking the petitioner to the liquor, and the statutory lapse, and concluded that bail was appropriate. Accordingly, the Court granted bail on a bond of Rs.15,000 with two sureties, subject to conditions of appearance, non‑tampering with evidence, and no intimidation of witnesses.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application.
- Whether the petitioner’s lack of direct possession and clean record justify bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- liquor seizure
- criminal procedure
- Section 103
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13016 of 2026
Arising Out of PS. Case No.-140 Year-2025 Thana- Bhopatpur District- East Champaran
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Rajesh Yadav Son of Late Surat Rai Resident of Village- Bajhiya Kala, P.S.-
Bhopatpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
Ms. Hansha Shshwat, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, A.P.P.
======================================================
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
Bhopatpur P.S. Case No. 140 of 2025, instituted for the offences
punishable under Sections 30(a), 32 and 41(1) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 230
liters of country made liquor was recovered from three
motorcycles. Petitioner was arrested on the 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
no concern with the alleged recovery of liquor. The name of the
Patna High Court CR. MISC. No.13016 of 2026(2) dt.24-02-2026
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petitioners transpired in this case as owner of the one of the
motorcycle from which it is alleged that 70 litres of country
made liquor was recovered. The petitioner was passers by and
he has become victim of circumstance. The petitioner is in
custody since 24.12.2025 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 Bhopatpur P.S. Case
No. 140 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
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(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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