Patna High Court
Rakesh Kumar @ Gaya YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner on the condition of furnishing a bond and sureties.
Summary
The petitioner, Rakesh Kumar, was arrested in connection with a case (Salaiya P.S. Case No. 113 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 100 litres of liquor recovered from a public area. The petitioner contended that he was falsely implicated, no liquor was found in his possession, and the recovery was from an open place accessible to the public. He also highlighted that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and that he had been in custody since 10‑12‑2025 with a prior criminal antecedent. The State opposed the bail application. Considering the lack of direct incriminating evidence, the circumstances of the recovery, and the period of custody, the Court granted bail on the condition of a Rs. 15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act when the alleged contraband was not recovered from his possession.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Bihar
- criminal procedure
- non‑possession
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7807 of 2026
Arising Out of PS. Case No.-113 Year-2025 Thana- SALAIYA District- Aurangabad
======================================================
Rakesh Kumar @ Gaya Yadav S/o Shivnarayan Yadav R/o vill- Sonarchak,
P.S.- Salaiya, Distt.- Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Mr. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Salaiya
P.S. Case No. 113 of 2025 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 100 litres
of liquor has been recovered from bushes.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from an open place which is accessible to public at large. The
petitioner has got no concern with the alleged recovery of
Patna High Court CR. MISC. No.7807 of 2026(2) dt.10-02-2026
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liquor. The petitioner is in custody since 10.12.2025 and has one
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Salaiya P.S. Case
No. 113 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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