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Patna High Court

Rahul Kumar Yadav @ Rahul Ku. YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted due to the seriousness of the offence and the petitioners' antecedent record.

Summary

The petitioners, Rahul Kumar Yadav and Rajeev Kumar Sah, were arrested as driver and cleaner of a vehicle from which 432 litres of illicit liquor was recovered. They were charged under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioners applied for regular bail, claiming they were falsely implicated and merely performed vehicular duties. The State opposed the bail, highlighting the seriousness of the seizure and the petitioners' prior similar offences. Considering the large quantity of illicit liquor and the antecedent record, the Court declined to grant bail and dismissed the application.

Issues considered

  • Whether regular bail should be granted to the accused in a case involving large-scale illicit liquor seizure and prior similar offences

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition
  • excise
  • antecedent
  • driver
  • cleaner
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41547 of 2026
                 Arising Out of PS. Case No.-67 Year-2026 Thana- BHAIRAVSHTHAN District- Madhubani
                 ======================================================
           1.     Rahul Kumar Yadav @ Rahul Ku. Yadav S/o Kamlendra Yadav R/o Village -
                  Murali, P.S - Phullparas, District -Madhubani
           2.    Rajeev Kumar Sah @ Rahul Kumar Sah S/o Jiwachh Sah R/o Village -
                 Phulparas, P.S - Phullparas, District - Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Archna Aanand
                 For the Opposite Party/s :      Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   29-06-2026                    Heard the parties.

                                2. The petitioners seek regular bail in connection with

                   Bhairavasthan P.S. Case No. 67 of 2026 / G.R. Case No. 222 of

                   2026 registered for the offence under Sections 274, 275, 3(5) of

                   the BNS and under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. As per the prosecution case, the recovery is of 432

                   liters of illicit liquor from the Xylo Vehicle of which the

                   petitioners are said to be the driver and cleaner.

                                4. The petitioners are in custody since 4.5.2026.

                                5. Learned counsel for the petitioners submits that the

                   petitioners are innocent and they have falsely been implicated in
          Patna High Court CR. MISC. No.41547 of 2026(2) dt.29-06-2026
                                                      2/2




                    this case as they are only driver and cleaner of the vehicle in

                    question.

                                 6. Learned APP for the State has opposed the

                    application of the petitioners and has submitted that the

                    petitioners have antecedent also.

                                 7. Considering the quantum of recovery and the fact

                    that the petitioners have antecedent of similar nature, this Court

                    is not inclined to grant bail to the petitioners.

                                 8. Accordingly, this application is dismissed.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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