Patna High Court
Rupesh Yadav @ Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions.
Summary
The petitioner, Rupesh Yadav, sought anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 225 litres of illicit liquor from a bush. The prosecution alleged the offence but no incriminating material was found in the petitioner's possession, and the recovery was from an open area accessible to the public. The petitioner argued that he was being implicated merely on suspicion. The State opposed the bail application. The Court considered the nature of the accusation, the circumstances of the recovery, and the lack of direct evidence against the petitioner, and consequently granted anticipatory bail subject to a bail bond and sureties, with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted when the alleged contraband is recovered from an open place and no material is found on the accused.
- Whether the provisions of Section 30(a) of the Bihar Prohibition and Excise Act and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita justify denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- Section 30
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34928 of 2026
Arising Out of PS. Case No.-948 Year-2024 Thana- Excise P.S. District- Lakhisarai
======================================================
Rupesh Yadav @ Rupesh Kumar Son of Hardeo Yadav Resident of Village-
Dhadisir, Ward No. 2, P.S.- Bannu Bagicha, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Gaurav, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 225 litres illicit liquor was
recovered from bush.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
merely on suspicion. Recovery has been made from an open
place, accessible to one and all.
5. Learned A.P.P. for the State opposed the bail
application.
Patna High Court CR. MISC. No.34928 of 2026(2) dt.15-05-2026
2/2
6. Considering nature of accusation and place of
recovery, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged 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 District & Additional
Sessions Judge, 7th cum Exclusive Special Excise Judge,
Lakhisarai in connection with Lakhisarai Excise P. S. Case No.
948C2 of 2024, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.