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Patna High Court

Rahul Yadav @ Rahul Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the bail application, granting regular bail to the petitioners on the condition of a Rs.10,000 bond with two sureties each.

Summary

The petitioners, Rahul Yadav and Subhash Kumar, applied for regular bail in a case (PS Case No. 45 of 2026) involving alleged possession of foreign liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution recovered 17.280 litres of liquor from a motorcycle driven by a co‑accused, Pankaj Choupal, and an additional 380.160 litres from a nearby bush, but none was found in the petitioners' possession. The petitioners argued that their names appeared only in the co‑accused’s confessional statement, they were not arrested at the spot, the motorcycle did not belong to them, and procedural requirements of Sections 103/105 of the B.N.S.S. were not complied with. The State opposed bail, but the court, after considering the lack of direct material against the petitioners and the procedural lapses, ordered that bail be granted on a bond of Rs.10,000 with two sureties each. The application for bail was therefore allowed.

Issues considered

  • Whether regular bail should be granted to the petitioners despite the recovery of foreign liquor in the case.
  • Whether the confessional statement of a co‑accused alone constitutes sufficient material to justify denial of bail.
  • Whether non‑compliance with the procedural provisions of Sections 103/105 of the B.N.S.S. affects the bail decision.
  • Whether the ownership of the motorcycle and the absence of liquor in the petitioners' possession preclude denial of bail.

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • foreign liquor
  • confessional statement
  • procedural lapse
  • Section 103
  • Section 105
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39146 of 2026
                     Arising Out of PS. Case No.-45 Year-2026 Thana- KAMTAUL District- Darbhanga
                 ======================================================
           1.     Rahul Yadav @ Rahul Kumar Yadav Raj Kumar Yadav Resident Of Vill-
                  Ladha P.S.-Kamtaul Dist -Darbhanga
           2.    Subhash Kumar @ Subhash Yadav S/O- Shatrughan Yadav Resident of Vill.-
                 Postapur, P.S.- Koeti, District- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Girish Chandra Jha, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have preferred this application for

                   grant of regular bail in connection with Kamtaul P.S. Case No.

                   45 of 2026 dated 01.03.2026 registered for the offences

                   punishable under Sections 30(a) of Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. As per the prosecution case, altogether 17.280 liters

                   of foreign liquor was recovered from a motorcycle, which

                   Pankaj Choupal was found to be driving and from a bush

                   nearby, altogether 380.160 liters of foreign liquor was

                   recovered.
Patna High Court CR. MISC. No.39146 of 2026(2) dt.17-06-2026
                                            2/3




                       4. Learned counsel for the petitioners has further

          submitted that the name of the petitioners has transpired in this

          case in the confessional statement of co-accused Pankaj

          Choupal. It has further been submitted that petitioners were not

          arrested from the spot and nothing has been recovered from the

          conscious possession of the petitioners. It is further submitted

          that the motorcycle from which some recoveries have been

          made does not belong to the petitioners. It has further been

          submitted that procedure prescribed under Section 103/105 of

          the B.N.S.S. has not been followed with. It has further been

          submitted that except confessional statement of co-accused

          before police, while in police custody, there is no material

          against the petitioners. It has further been submitted that

          altogether petitioners were made accused in one another case,

          but the same is not of similar nature. It has lastly been submitted

          that the petitioners are in custody since 14.04.2026 and

          06.05.2026, respectively.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioners.

                       6. Heard the parties and perused the records.

                       7. Considering the facts and circumstances of the

          case, the petitioners above-named are directed to be enlarged on
           Patna High Court CR. MISC. No.39146 of 2026(2) dt.17-06-2026
                                                       3/3




                     bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten

                     Thousand) each with two sureties of the like amount each to the

                     satisfaction of learned Court concerned, Darbhanga in

                     connection with Kamtaul P.S. Case No.45 of 2026.

                                  8. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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