Created by Fuzzy Cloud

Patna High Court

Rakesh Kumar Yadav @ Jhunnu @ Rakesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions under Section 438(2) of the CrPC.

Summary

The petitioner, Rakesh Kumar Yadav, applied for anticipatory bail under Section 438 of the CrPC in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 208.665 litres of liquor and seizure of a motorcycle from his residence. He contended that the liquor was stored in a joint family house, he did not have conscious possession, and he was not the owner of the motorcycle, asserting that a hostile watchman had implicated him. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to the conditions of Section 438(2) CrPC. The court also directed the trial court to verify the petitioner’s criminal antecedents and conditionally confirm the bail if only one prior case is found.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Excise Act.
  • Whether the petitioner’s lack of conscious possession and joint family ownership of the premises affect the grant of bail.
  • Whether the petitioner’s prior criminal antecedent influences the decision on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • liquor seizure
  • joint family property
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31801 of 2026
                      Arising Out of PS. Case No.-79 Year-2026 Thana- PUNAURA District- Sitamarhi
                 ======================================================
                 Rakesh Kumar Yadav @ Jhunnu @ Rakesh Kumar S/o Brij Nandan Prasad
                 Yadav @ Brij Nandan Yadav R/o Village- Fatehpur, P.S.- Punaura, District-
                 Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ritesh Kumar Narain Singh
                 For the Opposite Party/s :       Mr.Kalyan Shankar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-05-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 208.665 litres of liquor from

                   house of the petitioner and a motorcycle was also seized.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized motorcycle and even the house in question is a joint
Patna High Court CR. MISC. No.31801 of 2026(2) dt.12-05-2026
                                            2/3




          family property and thus, it cannot be alleged with certainty that

          it was the petitioner, who had kept the liquor in the house or the

          liquor kept in the house was within his knowledge and he came

          to be implicated at the instance of Chaukidar with whom he is

          on an inimical term. It is further submitted that if Chaukidar was

          aware of the involvement of the petitioners in the occurrence,

          then why he did not inform the police prior to institution of the

          present F.I.R., which casts an aspersion on the case of the

          prosecution.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Trial

          Court where the case is pending/successor Court in connection

          with Punaura P. S. Case No.79 of 2026, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.
               Patna High Court CR. MISC. No.31801 of 2026(2) dt.12-05-2026
                                                           3/3




                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than one case, then

                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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