Patna High Court
Rakesh Yadav @ Rakesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 272, 273, 323, 324, 341, 353, 414/34
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
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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
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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/-
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