Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners, subject to specified conditions, noting the lack of material evidence and parity with co‑accused.
Summary
The petitioners, three brothers, were implicated in a case involving the seizure of 147.78 litres of foreign liquor and five cartridges, alleged to violate sections of the BNSS Act, 2023, the Arms Act, 1959 and the Bihar Prohibition and Excise Amendment Act, 2018. They argued that the only basis for their accusation was a disclosure by a local chowkidar and that they neither owned nor drove the vehicle from which the contraband was recovered. The prosecution noted that one petitioner had a prior criminal case pending on bail, while the other two had clean records. The court observed that no material had been found in the petitioners' possession and that similarly situated co‑accused had already been granted anticipatory bail by coordinate benches. Consequently, the court ordered that the petitioners be released on bail, subject to a bond of Rs 10,000 with two sureties and conditions under Section 438 of the CrPC and Section 482 of the BNSS Act.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the offences alleged.
- Whether the disclosure by a local chowkidar constitutes sufficient material to justify denial of bail.
- Whether the petitioners are entitled to anticipatory bail in parity with co‑accused who have already been granted bail.
Legislation cited
- Arms Act, 1959 — s. 26, 27, 35
- B.N.S. Act, 2023 — s. 109, 132, 191(2), 191(3), 324(4), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- anticipatory bail
- foreign liquor seizure
- arms possession
- BNSS Act
- excise law
- CrPC Section 438
- Section 482
- co‑accused parity
- local chowkidar disclosure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1595 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- BRAHMPUR District- Buxar
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1. Rakesh Kumar S/o Rajendra Yadav R/o Village- Pranpur, PS- Dubahat, Distt
- Balia, UP. At present R/o vill - Jawahi Diyara, P.S.- Brahmpur, Distt.-
Buxar
2. Lalu Yadav S/o Rajendra Yadav R/o Village- Pranpur, PS- Dubahat, Distt -
Balia, UP. At present R/o vill - Jawahi Diyara, P.s.- Brahmpur, Distt.- Buxar
3. Mithilesh Kumar Yadav @ Laddu Yadav S/o Jagnarayan Yadav R/o Village-
Pranpur, PS- Dubahat, Distt - Balia, UP. At present R/o vill - Jawahi Diyara,
P.s.- Brahmpur, Distt.- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rang Nath Choubey, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-01-2026 Heard Mr. Rang Nath Choubey, learned counsel for
the petitioners and Mr. Ram Sumiran Rai, learned Additional
Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Brahmpur P.S. Case No. 181 of 2025, F.I.R.
dated 19.09.2025 for the offences punishable under Sections
191(2), 191(3), 109, 132, 324(4) of B.N.S., 2023 and section 27,
26 and 35 of the Arms Act, 1959 and section 30(a) of the Bihar
Prohibition and Excise Amendment Act, 2018.
3. Recovery is of 147.780 litres of foreign liquor and
five cartridges.
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4. Learned counsel for the petitioners submits that
petitioner nos. 1 and 2 have clean antecedent whereas petitioner
no. 3 carry one criminal antecedent and he is on bail in pending
matter. Learned counsel further submits that from perusal of the
F.I.R., it appears that the name of the petitioners transpired on
the basis of disclosure made by local Chowkidar and the
petitioners were not apprehended on the spot and except the
disclosure made by local chowkidar, no any other material has
come during investigation to show the involvement of
petitioners in the present occurrence and the recovery has been
made from the Swift Dezire Car and the petitioners are neither
the owner nor the driver of the said vehicle in question and the
similarly situated co-accused person, namely, Lakru Sah @
Rakesh Bhagat @ Lakdu Sah has been granted anticipatory bail
by a coordinate Bench of this Court vide order dated 20.11.2025
passed in Cr. Misc. 74636 of 2025 and co-accused person,
namely, Golu Singh @ Sunny Singh has been granted
anticipatory bail by this Court vide order dated 18.11.2025
passed in Cr. Misc. No. 76073 of 2025
5. Learned APP has vehemently opposed the prayer
for bail of the petitioners and submits that petitioner nos. 1 and
2 have clean antecedent whereas petitioner no. 3 carries one
Patna High Court CR. MISC. No.1595 of 2026(2) dt.16-01-2026
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criminal antecedent but fairly submits that he is on bail in
pending matter.
6. Considering the aforesaid facts and circumstances
and the fact that nothing has been recovered from the conscious
possession of the petitioners, petitioners have been made
accused on the basis of disclosure made by local Chowkidar and
the similarly situated co-accused persons have been granted bail
by coordinate Bench and by this Court, let the petitioners, above
named, in the event of their arrest or surrender before the court
below within a period of thirty days from the date of receipt of
the order, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the Special Court of Excise-
2nd, Buxar in connection with Brahmpur P.S. Case No. 181 of
2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure/Section 482(2) of
BNSS, 2023 and with other following conditions:
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
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ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioner has concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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