Patna High Court
Rahul Kumar Yadav @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Narcotic and Substance (BNSS) Act — s. 482
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
Checking your session…