Patna High Court
Rajkishore YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner, finding insufficient grounds to deny bail under the cited provision.
Summary
Petitioner Rajkishore Yadav applied for regular bail in a case registered under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022, alleging that he was falsely implicated due to village rivalry. He claimed that the seized liquor and motorcycle did not belong to him, that there were no independent witnesses to the seizure, and that the real accused had fled. The State opposed the bail. The court, noting the petitioner's young age, clean antecedent, and the circumstances of the allegations, decided to release him on bail upon furnishing a bond of Rs. 20,000 with two sureties. The order reflects the court's inclination to grant bail where the evidence of possession is weak and the accused appears innocent. The petitioner was thus released from custody pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022 given the alleged lack of possession and innocence.
- Whether the circumstances of the seizure and the petitioner's clean antecedent justify the grant of bail.
Legislation cited
Subjects
- regular bail
- Bihar Prohibition & Excise Act
- Section 30(a)
- liquor seizure
- clean antecedent
- police investigation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32082 of 2026
Arising Out of PS. Case No.-131 Year-2026 Thana- GHORASAHAN District- East
Champaran
======================================================
Rajkishore Yadav S/O Bhagat Rai @ Bhagat Ray, Resident of village-
Gurmiya @ Gurmiya Khas Tola, Ward No. 04, P.S.- Ghorasahan, District-
East Champaran (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Prasad, Adv.
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-05-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Ghorasahan P.S. Case No. 131/ 2026 registered for the
offence(s) punishable under Section 30(a) of the Bihar
Prohibition & Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case due to village rivalry and ulterior motives. It is
submitted that no independent witness supported the seizure and
both the seizure witnesses are members of the police party.
Learned counsel further submits that neither the seized liquor
nor the motorcycle belonged to the petitioner and nothing was
recovered from his conscious possession. It is also submitted
Patna High Court CR. MISC. No.32082 of 2026(2) dt.12-05-2026
2/2
that the real accused fled away and the petitioner, who was
merely passing through the area, was apprehended on suspicion.
The petitioner has clean antecedent and is in custody since
24.03.2026.
4. The learned APP appearing for the State has
opposed the bail prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the aforesaid submissions advanced by the
petitioner’s counsel as well as averments made in this petition
coupled with the petitioner’s young age and his fair and clean
antecedent, this court is inclined to release the petitioner on bail.
Accordingly, let the petitioner named-above be released on bail
in connection with Ghorasahan P.S. Case No. 131/ 2026 on
furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand)
with two sureties of the like amount each to the satisfaction of
the Court concerned.
(Shailendra Singh, J)
BKS/-
U T
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