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Patna High Court

Rakesh Yadav @ Rakesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the seizure did not prima facie establish the petitioner's possession of the illicit liquor.

Summary

The petitioner, Rakesh Yadav, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 234 litres seized from an asbestos hut belonging to his father. He argued that the hut was an open place, not under his exclusive control, and that the seizure list lacked independent witnesses, making the allegation of possession tenuous. The Additional Public Prosecutor opposed his anticipatory bail. The court examined whether the seized liquor could be said to be in the petitioner's conscious possession and considered his clean antecedent. Finding that the recovery did not prima facie establish possession, the court granted anticipatory bail subject to a bond and sureties, with conditions under CrPC Section 438(2) and BNSS Section 482(2).

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under CrPC Section 438(2) in view of the alleged possession of illicit liquor.
  • Whether the seizure of liquor from an open hut establishes conscious possession sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • possession
  • Indian Penal Code
  • Bihar Prohibition and Excise Act
  • CrPC Section 438
  • BNSS Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44687 of 2026
                    Arising Out of PS. Case No.-144 Year-2024 Thana- HARLAKHI District- Madhubani
                 ======================================================
                 Rakesh Yadav @ Rakesh Kumar Yadav, Son of Upendra Yadav, R/o Village -
                 Sothgaon, P.S - Harlakhi , District- Madhubani

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :      Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   06-07-2026                        Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Harlakhi P.S.

                   Case No.144 of 2024 registered under Sections 341, 323,

                   324, 353, 272, 273 and 414/34 of the Indian Penal Code

                   and Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 234 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the seized illicit liquor was recovered from
Patna High Court CR. MISC. No.44687 of 2026(2) dt.06-07-2026
                                            2/3




          the Asbestos hut of one, namely, Upendra Yadav. Being an

          open place, it is accessible to the general public and,

          therefore, it cannot be said that the alleged recovery was

          made from the conscious possession of the petitioner. It is

          further submitted that seizure list also appears doubtful

          being not supported by independent witnesses rather than by

          police personnel. It is also pointed out that the name of the

          petitioner surfaced solely on the ground that he is the son of

          one, namely, Upendra Yadav. The petitioner claimed clean

          antecedent.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as recovery of illicit liquor prima facie not

          appears to be made from physical possession of this

          petitioner, accordingly, the petitioner above-named, who is a

          man of clean antecedent, in the event of his arrest or

          surrender in the court below within a period of four weeks

          from today, is directed to be released on bail on furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
             Patna High Court CR. MISC. No.44687 of 2026(2) dt.06-07-2026
                                                         3/3




                       sureties of the like amount each to the satisfaction of the

                       learned Additional District & Sessions Judge- 2nd-cum-

                       Special Judge (Excise Act), Madhubani in connection with

                       Harlakhi P.S. Case No.144 of 2024, subject to the conditions

                       as laid down under Section 438(2) of the CrPC/under

                       Section 482(2) of the BNSS.


                                                          (Chandra Shekhar Jha, J.)
    Raushan/-

U        T


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