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Patna High Court

Rahul Kumar Yadav @ Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted pre‑arrest bail to the petitioner subject to a cash bond, sureties and compliance with statutory conditions.

Summary

The petitioner, Rahul Kumar Yadav, was implicated in an excise case after 4 litres of illicit liquor were recovered from a motorcycle he owned. He contended that the vehicle had been taken by a co‑villager and that no liquor was found in his personal possession, asserting his innocence and clean criminal record. The State opposed his request for pre‑arrest bail, arguing the seriousness of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The High Court, after considering the nature of the allegation and the petitioner's antecedents, granted pre‑arrest bail subject to a bond of Rs 10,000 with two sureties and compliance with Section 438(2) of the Cr.P.C. and Section 482 of the BNSS Act. The Court also directed the District Court to verify the petitioner’s criminal antecedents and to cancel the bail order if any other pending cases are discovered. Consequently, the petitioner may be released on bail if arrested or if he surrenders within four weeks, subject to the stipulated conditions.

Issues considered

  • Whether pre‑arrest bail should be granted to a person accused of possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether the petitioner’s claim of innocence and clean antecedent justify bail despite the seriousness of the offence.
  • Whether the conditions prescribed under Section 438(2) of the Cr.P.C. and Section 482 of the BNSS Act are applicable.

Legislation cited

Subjects

  • pre‑arrest bail
  • illicit liquor
  • excise law
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • BNSS Act
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20341 of 2026
                        Arising Out of PS. Case No.-22 Year-2026 Thana- Excise P.S. District- Araria
                 ======================================================
                 Rahul Kumar Yadav @ Rahul Kumar S/O Bhuwneshwari Yadav R/O Vill.-
                 Palasi, Ward Number - 08, P.S- Narpatganj, District- Araria

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Gopal Kumar Jha, Advocate
                 For the Opposite Party/s :         Mr.Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                      Heard Mr. Gopal Kumar Jha, learned counsel

                   appearing on behalf of the petitioner and Mr. Md. Anzarul

                   Haque Sahara, learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Araria Excise P.S. Case No. 22 of 2026 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act, 2016, as amended upto date.

                                3. As per the allegation made in the FIR, 4 litres of

                   illicit made liquor was recovered from a motorcycle bearing

                   Reg. No.BR38AQ-8204 and petitioner is the owner of the said

                   motorcycle.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner is innocent and he has been

                   falsely implicated in the case. He has no concern either with the
Patna High Court CR. MISC. No.20341 of 2026(2) dt.08-04-2026
                                            2/3




          seized liquor or trade of liquor in any manner. The petitioner is

          the owner of the motorcycle bearing Registration No. BR38AQ-

          8204, which was taken by one of his co-villager and nothing

          incriminating has been recovered from the conscious possession

          of the petitioner. The petitioner has clean antecedent. On these

          grounds, petitioner seeks to be released on pre-arrest bail.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail.

                       6. Considering the nature of allegation made against

          the petitioner, the petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned District Court where the case is

          pending/successor court in connection with Araria Excise P.S.

          Case No. 22 of 2026, subject to the condition as laid down

          under Section 438(2) of the Cr.P.C./482 of the BNSS.

                       7. The District Court is directed to verify the

          criminal antecedent of the petitioner and if it is found that

          the petitioner is involved in some other cases as what has

          been stated in Para-3 of the bail petition, this order will
           Patna High Court CR. MISC. No.20341 of 2026(2) dt.08-04-2026
                                                       3/3




                     automatically lose its force.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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