Patna High Court
Rupash Yadav @ Rupesh Yadav @ ChuhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Rupash Yadav, was arrested in connection with the recovery of 1,363.5 liters of liquor from an abandoned building and a car, alleged to be offences under Sections 30(a), 41 and 56 of the Bihar Prohibition and Excise Act. He contended that he had no ownership of the premises or vehicle, no incriminating material was found in his possession, and that his name was disclosed by a local informant; he also highlighted non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, citing the nature of the offence and the petitioner’s four prior criminal antecedents, though he was already out on bail for those. Considering the lack of direct evidence, the length of custody since 23‑09‑2025, and the statutory non‑compliance, the Court inclined to grant bail. The bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offences under the Bihar Prohibition and Excise Act.
- Whether the absence of incriminating material in the petitioner’s possession and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrant bail.
- Whether the petitioner’s prior criminal antecedents affect the bail decision.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 103
- prior antecedents
- custody
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87618 of 2025
Arising Out of PS. Case No.-547 Year-2025 Thana- BIHAR District- Nalanda
======================================================
Rupash Yadav @ Rupesh Yadav @ Chuha S/O Manoj Yadav R/O Vill.-
Rajakuwan, P.S.- Bihar, Dist.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad,Adv.
For the Opposite Party/s : Mrs. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard Mr. Raj Kishor Prasad, learned counsel for the
petitioner and Mrs. Renuka Ratnakar, learned APP for the State.
2. The petitioner seeks bail in connection with Bihar
P.S. Case No. 547 of 2025, instituted for the offences punishable
under Sections 30(a), 41 and 56 of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 1363.5 liters
liquor was recovered from abandoned building and car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.87618 of 2025(2) dt.13-01-2026
2/3
for the petitioner also submits that the petitioner is not the
owner of the car and abandoned building. It is further submitted
that the petitioner was not arrested on spot. Name of the
petitioner has transpired in this case on the basis of disclosure
made by local person. The petitioner is in custody since
23.09.2025 and has got four criminal antecedents in which he is
on bail. There is no compliance of Section 103 of the Bharatiya
Nagarik 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 and 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 Bihar P.S. Case No.
547 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.87618 of 2025(2) dt.13-01-2026
3/3
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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