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Patna High Court

Rakesh YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                       2/2




                     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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