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Patna High Court

Rikesh Kumar @ Rikesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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