Patna High Court
Rikesh Kumar @ Rikesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner with specified bond and conditions.
Summary
Rikesh Kumar Yadav was arrested for allegedly carrying 144 litres of Nepali liquor, which was recovered from his associate's motorcycle, not his own. The petitioner claimed he was falsely implicated, arguing that no contraband was found on his person and that there was a violation of Section 103(2) of the Bihar Narcotic Substances (BNSS) Act. He sought bail, and the court first allowed a correction to the petition regarding the custody year. After hearing both sides, the court considered the nature of the recovery, the petitioner’s custody period, and the alleged procedural violation. The court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of BNSS and additional specific requirements. The bail order was directed to be complied with by the Exclusive Special Excise Court‑I, Supaul.
Issues considered
- What is the appropriate bail disposition for the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act and Section 480(3) of BNSS given the circumstances of recovery and alleged procedural violations?
Legislation cited
- Bihar Narcotic Substances (BNSS) Act — s. 103(2), 480(3)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- BNSS
- Section 30(a)
- Section 103(2)
- Section 480(3)
- false implication
- seizure of liquor
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42037 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- BHIMPUR District- Supaul
======================================================
Rikesh Kumar @ Rikesh Kumar Yadav S/o Lilo Yadav Resident of Village -
Manikpur, Ward No. 11, P.S. - Fulkaha, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kamal Kishore Singh, Advocate
For the Opposite Party/s : Mr.Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Learned counsel for the petitioner seeks permission to
make necessary correction in paragraph 4 of the petition which
is regarding custody period of the petitioner as he submits that
inadvertently instead of the year 2026, year 2024 has been
mentioned.
02. Prayer is allowed.
03. Learned counsel for the petitioner is directed to
make necessary correction in paragraph 4 of the petition in
course of the day.
04. Heard learned counsel for the petitioner and
learned APP for the State.
05. In the present case, the petitioner seeks bail in
connection with Bhimpur P.S. Case No. 65 of 2026 registered
for the alleged offences under Section 30(a) of Bihar Prohibition
Patna High Court CR. MISC. No.42037 of 2026(2) dt.01-07-2026
2/3
and Excise Act.
06. As per prosecution case, the petitioner was
apprehended carrying 144 litres of country made Nepali liquor
on his motorcycle and his associate, who was driving an other
motorcycle, fled away and from the motorcycle of the associate
of the petitioner, further recovery of 144 litres of country made
Nepali liquor was made.
07. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the person
or possession of the petitioner and it is a case of false
implication. Recovery was not made from the motorcycle of the
petitioner rather the recovery was made from the motorcycle of
his associate with whom petitioner has no concern. There is
complete violation of Section 103(2) of BNSS. The petitioner is
having antecedent of one case of similar nature and he is in
custody since 30.04.2026.
08. Learned APP opposes the submission made on
behalf of the petitioner.
09. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery and period of custody of the petitioner, the
Patna High Court CR. MISC. No.42037 of 2026(2) dt.01-07-2026
3/3
petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court-I, Supaul/concerned Court in
connection with S.T. Excise No. 403 of 2026, arising out of
Bhimpur P.S. Case No. 65 of 2026, subject to the conditions
mentioned in Section 480(3) of B.N.S.S. and also the following
conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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