Patna High Court
Rajesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to bond and conditions.
Summary
Petitioner Rajesh Yadav was arrested on 20 March 2026 for alleged possession of illegal liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, after police seized 322.35 litres of foreign liquor from his general store. The petitioner argued that the liquor was not in his conscious possession and that the seizure violated mandatory provisions of Sections 103 and 105 of the Bihar Narcotic and Substance Seizure (BNSS) Act, 2023. The State opposed bail, citing an earlier case against the petitioner, though he was already on bail in that matter. The Court considered the lack of direct possession, procedural lapses, and the petitioner’s criminal antecedent, and decided to grant bail on a bond of Rs. 10,000 with two sureties and several conditions. The bail order also directed verification of the petitioner’s antecedent and allowed cancellation of bail for non‑compliance or tampering with evidence.
Issues considered
- Whether bail should be granted when the seized liquor was not in the petitioner's conscious possession.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants denial of bail.
- Whether the petitioner's prior criminal case affects the grant of bail.
Subjects
- bail
- illegal liquor
- prohibition act
- seizure
- conscious possession
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29582 of 2026
Arising Out of PS. Case No.-95 Year-2026 Thana- BODHGAYA District- Gaya
======================================================
Rajesh Yadav Son of Late Ramchandra Yadav Resident of Village -
Mocharim, Police Station - Bodh Gaya, District - Gaya (Bihar).
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
20.03.2026 in connection with Bodhgaya P.S. Case No. 95 of
2026 for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Amendment Act, 2022.
3. That prosecution case is based on the typed
application of the informant namely Pradeep Shankar Jha who
happens to be P.S.I. of Bodhgaya Police Station alleging therein
that on 20.02.2026 at about 22.10 Hrs. informant along with
other police personals went for patrolling from Bodhgaya Police
Station. During the course of patrolling informant received
secret information that Rajesh Yadav (Petitioner) has kept illegal
liquor in his general store at Village- Mocharim. Thereafter,
Patna High Court CR. MISC. No.29582 of 2026(2) dt.04-05-2026
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informant along with other police personals reached at the place
of occurrence and saw that after seeing the police personals one
person succeeded to flee from the said general store and the
local persons have taken the name of fled away person as
Rajesh Yadav (Petitioner). On search informant recovered total
322.35 litter of foreign liquor from the general store of
petitioner. Accordingly, an F.I.R. has been instituted against the
Petitioner in the concerned police station
4. Learned counsel for the petitioner submits that it
appears from the FIR and seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
the recovery has been made from the general store. It is next
submitted that as per the allegation as alleged in the FIR
petitioner is supposed to be owner of the general store in
question. It is next submitted that from perusal of the seizure list
it appears that the seizure list witnesses are police personnel so
there is non-compliance of mandatory provisions of Sections
103 and 105 of BNSS, 2023 and petitioner is in custody since
20.03.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of one more case other
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than the present case but fairly submits that petitioner is on bail
in the pending matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Court of
Exclusive Special Excise Court No. 1, Gaya Jee or its available
successor Court in connection with Bodhgaya P.S. Case No. 95
of 2026, subject to the following conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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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)
Gaurav Sinha/-
U T
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