Patna High Court

Rakesh Kumar @ Rakesh Kumar YadavversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

Anticipatory bail is denied.

Summary

The petitioner, Rakesh Kumar, sought anticipatory bail in connection with an excise case (Sadar Excise P.S. Case No. 123 of 2025) alleging possession of 53.005 litres of illicit liquor. The prosecution alleged that the liquor was seized from a vehicle owned by the petitioner, although none was found in his personal possession and he was not present at the site. The petitioner contended his innocence, arguing that his name appeared only because he owned the seized motorcycle, and highlighted the lack of direct evidence. The State opposed bail, emphasizing the petitioner’s prior pending case under the Excise Act as an adverse factor. The High Court, considering the facts and the petitioner’s criminal antecedent, declined to grant anticipatory bail, directing that if he surrenders within four weeks, the trial court should decide his bail application on the merits without prejudice.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 given the alleged involvement in illicit liquor seizure and his prior criminal antecedent.

Subjects

anticipatory bail
excise law
illicit liquor
bail
criminal antecedent
Section 30(a)
Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21769 of 2026
                     Arising Out of PS. Case No.-123 Year-2025 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Rakesh Kumar @ Rakesh Kumar Yadav S/o- Vijendra Yadav @ Bijendra
                 Yadav R/o - Kamalwari, Belhi, Ward No.06, P.S - Jaynagar, District -
                 Madhubani

                                                                                     ... ... Petitioner/s

                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Alias Ashok Karn, Advocate
                 For the Opposite Party/s :        Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Sadar (Excise) P.S. Case No. 123 of 2025 lodged on

                   05.04.2025, for the offence punishable under Section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2018,

                   pending in the Court of Exclusive Special Judge Excise,

                   Madhubani.

                                3. As per the prosecution, FIR has been lodged against

                   owner of a vehicle. Total recovery of 53.005 litres of illicit

                   liquor has been made, which is the subject matter of the present

                   case.
Patna High Court CR. MISC. No.21769 of 2026(2) dt.08-04-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that nothing has been recovered from the conscious

          possession of the petitioner and he was also not present at the

          alleged place of occurrence. Counsel submits the petitioner’s

          name has figured in this case due to the reason that he is the

          owner of seized motorcycle. Counsel further submits that the

          criminal antecedent of the petitioner is not clean as there is one

          case pending against him in which, he is on bail.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that criminal antecedent of the

          petitioner is not clean as there is one case pending against him

          which is registered under Excise Act and this aspect must be

          taken into consideration.

                       6. As such, in the present facts and circumstances, this

          Court is not inclined to grant bail to the petitioner. Accordingly,

          the prayer for anticipatory bail of the petitioner is hereby

          rejected.

                       7. However, if petitioner surrenders before the

          concerned Trial Court within a period of 4 weeks from today

          then in that case, the Trial Court is directed to pass order on his

          surrender-cum-bail application on the same day, without being
             Patna High Court CR. MISC. No.21769 of 2026(2) dt.08-04-2026
                                                         3/3




                       prejudice that the anticipatory bail of the petitioner has been

                       rejected by this Court and the Trial Court shall pass order on the

                       merit of this case.



                                                                     (Dr. Anshuman, J)
Divyansh/-

U      T

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Ramesh Chandra