Patna High Court
Rahul Yadav @ Rahul Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 103, 105
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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