Patna High Court
Rajesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- B.N.S.S., 2023 — s. 482(2)
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
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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
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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
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