Patna High Court
Rakesh YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that, given the open place of recovery, lack of incriminating material in the petitioner’s possession, and his clean antecedent, anticipatory bail could be granted subject to bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Rakesh Yadav, a 22‑year‑old resident of West Champaran, sought anticipatory bail after the police, acting on secret information, searched an open area near the Sikarhana river and recovered 30 litres of illicit liquor, though no incriminating material was found on him. The petitioner claimed innocence, stating he was falsely implicated and had no prior criminal record. The State opposed the bail, arguing the seriousness of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act. The Court considered the open‑place recovery, the petitioner’s clean antecedent, and his willingness to cooperate, and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order was pronounced by Justice Sunil Dutta Mishra of the Patna High Court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of the recovery (open place, no material found on the petitioner) and the petitioner’s clean antecedent justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 30(a)
- Section 482(2)
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32291 of 2026
Arising Out of PS. Case No.-317 Year-2026 Thana- MAJHAULIA District- West Champaran
======================================================
Rakesh Yadav S/o Shambhu Yadav Resident of Village- Dumari ward no. 02,
P.S.- Majhauliya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar Sharma, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per prosecution case, on secret information
that petitioner is indulged in illegal trade of illicit liquor, the
police proceeded to search but seeing the police, the accused-
petitioner managed to flee away. Upon search, 30 litres of illicit
country made liquor was recovered from two plastic gallons.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. Nothing incriminating article has been recovered from the
conscious possession of the petitioner. The name of petitioner
Patna High Court CR. MISC. No.32291 of 2026(2) dt.13-05-2026
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was disclosed by the local chaukidar. The alleged recovery has
been made from the open place situated near Sikarhana river.
Petitioner is aged about 22 years having no criminal antecedent
and he undertakes to cooperate in the investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties, place of
recovery which is open place and clean antecedent of the
petitioner, in the event of arrest or surrender before the Court
below within six weeks from today, the petitioner be released on
bail on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, Excise Court – II, Bettiah,
West Champaran in connection with Majhauliya P.S. Case No.
317 of 2026, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sunil Dutta Mishra, J)
Harish/-
U T
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