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Patna High Court

Rahul YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

Rahul Yadav was arrested in connection with the seizure of 468 litres of illicit liquor from a vehicle, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioner, who has four prior criminal cases and has been in custody since 25 September 2025, claimed that he was falsely implicated and sought regular bail. The State opposed the bail application, citing the seriousness of the offence. The Court, after considering the facts, the petitioner’s willingness to cooperate, and the bail conditions, allowed the bail application. He was released on a bail bond of Rs. 10,000 with two sureties, subject to weekly police station attendance and a close relative as a bailor.

Issues considered

  • Whether regular bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 despite prior criminal antecedents.

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • regular bail
  • Section 30(a)
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88433 of 2025
                        Arising Out of PS. Case No.-190 Year-2024 Thana- JIRADEI District- Siwan
                 ======================================================
                 Rahul Yadav Son of Yogendra Yadav Resident of Village - Khargirampur, P.S.
                 - Jiradeyi, District - Siwan.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Kumari Anupam, Advocate
                 For the Opposite Party/s :       Mr.Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   08-01-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Jiradeyi P.S. Case No. 190/2024 registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act, 2022.

                                3. As per the prosecution case, there is recovery of

                   468 liter of illicit liquor from a bolero vehicle.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the present case.

                   Learned counsel further submits that the name of the petitioner

                   has come during investigation. Petitioner has four criminal

                   antecedents and he is in custody since 25.09.2025.                              The

                   petitioner undertakes to co-operate in the case/ trial.
              Patna High Court CR. MISC. No.88433 of 2025(4) dt.08-01-2026
                                                          2/2




                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the facts and circumstances of the

                        case, this application for regular bail is allowed.

                                     7. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned court Exclusive Special Excise Court

                        No. 1, Siwan /concerned Court below in connection with

                        Jiradeyi P.S. Case No. 190 of 2024 subject to the following

                        conditions:-

                                            (i) The petitioner after being released on bail, is

                                    directed to mark his attendance at Jiradeyi Police Station,

                                    District- Siwan on every Sunday of the month. Any default

                                    in appearance at the Police Station will result in

                                    cancellation of bail bonds of the petitioner.

                                            (ii) One of the bailors of the petitioner shall be his

                                    close blood relative.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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