Patna High Court
Rambabu @ Rambabu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, as the recovery was not from his constructive possession.
Summary
The petitioner, Rambabu Yadav, sought anticipatory bail fearing arrest in a case involving the alleged recovery of 728 litres of illicit liquor and a vehicle (WB40X0786) under sections 274, 275, 3(5) of the BNS and section 30(a) of the Bihar Excise and Prohibition Act. The prosecution alleged the seizure, while the petitioner contended that neither the liquor nor the vehicle belonged to him and he had no constructive possession. The court examined whether anticipatory bail was appropriate given the lack of ownership and possession. Considering these facts, the court was inclined to grant anticipatory bail, subject to standard conditions under Section 482(2) of the BNSS and additional safeguards. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with conditions regarding court appearances, non‑interference with witnesses, and refraining from further offences.
Issues considered
- Whether anticipatory bail can be granted when the accused does not have constructive possession of the seized illicit liquor and vehicle.
Legislation cited
- Bihar Excise and Prohibition Act — s. 30(a)
- Bihar Narcotic Substances and Substances (BNSS) Act — s. 482(2)
- Bihar Narcotic Substances (BNS) Act — s. 274, 275, 3(5)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- constructive possession
- Bihar law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31596 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- BHAIRAVSHTHAN District- Madhubani
======================================================
Rambabu @ Rambabu Yadav S/o Kailash yadav Resident of Village-Karhari,
P.S.- Bahera, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramchandra Jha Raman, Adv.
For the Opposite Party/s : Mr.Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 07-05-2026 Heard Mr. Ramchandra Jha Raman, learned counsel
for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Bhairavsthan P.S. Case No. 25 of 2026 for the
offence punishable under sections 274, 275, 3(5) of the BNS
and Section 30(a) of the Bihar Excise and Prohibition Act,
lodged on 17.02.2026 by the informant.
3. As per the prosecution case, there has been
recovery of 728 litres of illicit liquor from a vehicle having
registration no. WB40X0786.
4. Learned counsel for the petitioner submits that
neither the recovered illicit liquor nor the said vehicle from
where the recovery has been made, belong to the petitioner and
the petitioner being a man of clean antecedent has got no
Patna High Court CR. MISC. No.31596 of 2026(2) dt.07-05-2026
2/3
concerned with the alleged recovery.
5. Learned APP opposes the prayer for anticipatory
bail.
6. Considering the fact that the recovery has not been
made from the constructive possession of this petitioner and
neither the recovered illicit liquor nor the said vehicle from
where the recovery has been made, belong to the petitioner, this
Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of four
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of learned Exclusive Special Judge
Excise Act, Jhanjharpur, Madhubani in connection with
aforesaid PS Case, subject to the conditions as laid down under
Section 482(2) of the BNSS as well as the following
conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
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consecutive dates without plausible reason
will entail cancellation of his bail bond by
the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Ajit Kumar, J)
perwez
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