Created by Fuzzy Cloud

Patna High Court

Rajesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail must be granted as the illicit liquor was not recovered from the petitioner’s constructive possession and he has no criminal antecedent.

Summary

Petitioner Rajesh Yadav applied for anticipatory bail in connection with an excise case alleging possession of illicit liquor seized from three motorcycles. The prosecution alleged that the motorcycles, owned by the petitioner, were used to transport 63 litres of illicit liquor, but the liquor was recovered from the open road and not from the petitioner’s constructive possession. The petitioner argued that he was not present at the spot, the liquor was not found on his vehicle, and he has a clean antecedent. The court noted that the liquor was not recovered from the petitioner’s possession, the location was a public space, and the petitioner has no prior criminal record. Accordingly, the court granted anticipatory bail subject to a bail bond and sureties, with conditions under Section 482(2) of the B.N.S.S., 2023.

Issues considered

  • Whether anticipatory bail should be granted when illicit liquor is not recovered from the petitioner’s constructive possession.
  • Whether the petitioner’s clean antecedent and the open nature of the recovery site justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • excise law
  • constructive possession
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31637 of 2026
                  Arising Out of PS. Case No.-143 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Rajesh Yadav S/o Pritam Yadav R/o Village - Udarampur, P.S. - Chainpur,
                 Dist. - Kaimur at Bhabhua.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :         Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   07-05-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Bhabhua P.S. Case No. 143 of 2026, F.I.R dated

                   20.03.2026 registered for the offences punishable under

                   Sections 30(a), 32(i)& (iii) and 41(i)&(ii) of the Bihar

                   Prohibition and Excise Amendment Act, 2022.

                                3. As per the prosecution case, on 20.03.2026, the

                   present case was instituted on the basis of a written report

                   submitted by Anuj Kumar, Assistant Sub-Inspector of the Excise

                   Police Station, Kaimur at Bhabua. It is alleged that upon

                   receiving secret information regarding three motorcycle riders

                   transporting illicit liquor via Padhi More, the informant along

                   with a raiding team proceeded to the spot. At about 5:30 P.M.,
Patna High Court CR. MISC. No.31637 of 2026(2) dt.07-05-2026
                                            2/3




          three motorcycles were seen approaching, whose riders

          allegedly fled away after noticing the police team, leaving

          behind the motorcycles. Thereafter, in the presence of two

          independent witnesses, search and seizure were conducted,

          leading to recovery of 9 litres, 27 litres, and 27 litres of country-

          made liquor respectively from the three motorcycles, totaling 63

          litres of illicit liquor. The liquor was allegedly concealed in bags

          tied to the pillion seats of the motorcycles.

                       4. Learned counsel for the petitioner submits that the

          place of recovery is from an open space, which is accessible to all.

          It has further submitted that though the petitioner is the owner of

          the motorcycle, which was parked on the road side, while nothing

          is indicated as to from which portion of the motorcycle, the illicit

          liquor was recovered, the petitioner was neither present at the

          place of occurrence nor has any incriminating article recovered

          from the constructive possession of the petitioner. Lastly, it has

          been submitted that the petitioner has clean antecedent.

                       5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Regard being had to the submission made by the

          parties, taking into consideration the fact that illicit liquor has

          not been recovered from the constructive possession and / or
           Patna High Court CR. MISC. No.31637 of 2026(2) dt.07-05-2026
                                                       3/3




                     premises belonging to the petitioner and the petitioner has no

                     criminal antecedent, accordingly, this Court is inclined to grant

                     anticipatory bail to the petitioner.

                                  7. Let the petitioner, above named, be released on

                     anticipatory bail in the event of arrest or surrender before the

                     court below 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 Special Judge (Excise)-II, in connection with Bhabhua

                     P.S. Case No. 143 of 2026 subject to the condition as laid down

                     under Section 482(2) of the B.N.S.S., 2023.



                                                   (Ajit Kumar, J)
sharun/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.