Patna High Court
Rakesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, directing his release upon surrender with a bond and sureties, subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Rakesh Yadav, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor, with 68.400 litres of IMFL recovered from a vehicle bearing registration BR02PB3766. He contended that he was neither the driver nor aware of the consignment, and highlighted his clean antecedent. The State opposed his bail application. The court examined the factual submissions and noted that the recovered liquor did not appear to be in the petitioner's physical possession. Considering the lack of direct possession and his clean record, the court ordered that he be released on bail upon surrender within four weeks, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the BNSS. The bail order was directed to be implemented by the Special Judge Excise II, Aurangabad.
Issues considered
- Whether bail should be granted to the petitioner given the allegations under Sections 30(a), 32(3) and 41(2) of the Excise Act
- Whether the petitioner’s lack of physical possession and clean antecedent justify bail under Section 482(2) of the BNSS
Legislation cited
- BNSS — s. 482(2)
- Excise Act — s. 30(a), 32(3), 41(2)
Subjects
- bail
- excise law
- illicit liquor
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45964 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
Rakesh Yadav Son of Mahavir Yadav R/o Village- Jabda, P.S.- Hantarganj,
District- Chatra (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukul Kumari
For the Opposite Party/s : Mr.Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 Heard the parties
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Excise P.S. Case
No. 16 of 2026 registered for the offences punishable under
Section 30(a), 32(3) and 41(2) of Excise Act.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor,
where, there is recovery of 68.400 litres of IMFL.
4. Learned counsel appearing on behalf of the
petitioner submitted that illicit liquor was recovered from
Auto bearing reg. no. BR02PB3766. It is submitted that
petitioner is not the driver of the alleged vehicle from where
illicit liquor was recovered and had no knowledge about the
Patna High Court CR. MISC. No.45964 of 2026(2) dt.10-07-2026
2/2
consignment of illicit liquor, denying thereof conscious
physical possession of the petitioner. It is submitted that
petitioner is a man of clean antecedent.
5 Learned APP, opposed the prayer of bail.
6. In view of aforesaid factual and legal submission
and by taking note of fact as recovery of illicit liquor prima-
facie not appears to be made from the physical possession of
the petitioner, who is a man of clean antecedent, accordingly
petitioner above-named, in the event of his arrest or
surrender before the court below within a period of four
weeks, is directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Spl. Judge Excise II, Aurangabad /concerned Court,
where the case is pending in connection with Excise P.S.
Case No. 16 of 2026, subject to the conditions as laid down
under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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