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Patna High Court

Rambabu @ Rambabu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
             Patna High Court CR. MISC. No.31596 of 2026(2) dt.07-05-2026
                                                         3/3




                                               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

U      T


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