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Patna High Court

Rakesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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