Patna High Court
Rajnish Yadav @ Rajnish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Rajnish Yadav, sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 1623.045 liters of illicit liquor were seized from a co-accused's house and two vehicles. The prosecution alleged his involvement, but the petitioner’s counsel argued that no incriminating material was found on his person or premises, he was neither the driver nor the owner of the vehicles, and the accusation was based solely on a co‑villager’s confession, with the petitioner having a clean record. The State opposed the bail application. The High Court, after considering the facts, granted anticipatory bail, directing that if arrested within eight weeks the petitioner could be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order also directed compliance with the Special Judge Excise, Patna City.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the evidence disclosed by the prosecution is sufficient to justify denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43106 of 2026
Arising Out of PS. Case No.-301 Year-2020 Thana- KHUSRUPUR District- Patna
======================================================
Rajnish Yadav @ Rajnish Kumar S/O Dinesh Singh Resident of Village-
Gopal Tola, P.S.- Khusrupur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, total 1623.045 liters illicit
liquor was recovered from the house of co-accused Tunnu Singh
as also from one auto and one motorcycle.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession or from the premises of petitioner. Petitioner is
neither driver nor owner of the vehicles in question and he has
been made accused merely on confessional statement of co-
villagers. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the bail
Patna High Court CR. MISC. No.43106 of 2026(2) dt.01-07-2026
2/2
application.
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge Excise,
Patna City in connection with Khusrupur P. S. Case No. 301 of
2020, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/Sanjay-
U T
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