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Patna High Court

Raju Yadav @ Raju KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioners, Raju Yadav and Gopal Kumar Yadav, sought anticipatory bail fearing arrest in a case (Rudrapur PS Case No. 128 of 2025) involving alleged possession of liquor under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged recovery of 1.5 litres of liquor from a Scorpio vehicle and 78.75 litres from a mango orchard, implicating the petitioners based on a co‑accused’s statement. The petitioners contended they were falsely implicated, had no ownership or control of the vehicle, possessed no criminal antecedent, and that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 had not been complied with, arguing no prima facie case existed. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.15,000 each with two sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in the liquor possession case
  • Whether a prima facie case exists against the petitioners under Sections 274 and 275 of the Bharatiya Nyaya Sanhita
  • Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been satisfied
  • Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 permits the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • liquor offences
  • false implication
  • Section 274
  • Section 275
  • Section 30(a)
  • Section 103
  • Section 482(2)
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89517 of 2025
                    Arising Out of PS. Case No.-128 Year-2025 Thana- RUDRAPUR District- Madhubani
                 ======================================================
           1.     Raju Yadav @ Raju Kumar Son of Brahmdeo Yadav Resident of Village-
                  Harari (Harri) Tole Kauvahi, Ward No. 13, P.S.- Rudrapur, District-
                  Madhubani
           2.    Gopal Kumar Yadav @ Gopal Yadav Son of Brahmdeo Yadav Resident of
                 Village- Harari (Harri) Tole Kauvahi, Ward No. 13, P.S.- Rudrapur, District-
                 Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners apprehend their arrest in connection

                   with Rudrapur PS Case No. 128 of 2025 instituted for the

                   offences under Sections 274 & 275 of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that total 1.5 litres

                   of liquor was recovered from Scorpio. It is further alleged that

                   78.75 liters liquor recovered from mango orchard.

                           4.       Learned counsel for the petitioners submitted that
Patna High Court CR. MISC. No.89517 of 2025(2) dt.19-01-2026
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          the petitioners have falsely been implicated in the present case.

          The names of the petitioners transpired in this case on the basis

          of     disclosure made by apprehended co-accused person.

          Learned counsel further submitted that petitioners are neither

          the owner nor the driver of the vehicle. The petitioners have got

          no concern with the alleged recovery of liquor. The petitioners

          have no criminal antecedent. There is no compliance of Section

          103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Learned

          counsel for the petitioners, therefore, contends that prima-facie

          no case is made out against the petitioners. Other co-accused

          has been granted bail by this Court vide order dated 04-12-2025,

          passed in Cr. Misc. No. 83134 of 2025.

                  5.      Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioners.

                  6.      Considering the aforesaid facts and circumstances

          of the case, let the petitioners above named, in the event of

          arrest/surrender before the learned Court below within a period

          of six weeks from today, be released on anticipatory bail on

          furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each

          with two sureties of the like amount each to the satisfaction of

          Court below/concerned Court in connection with Rudrapur PS

          Case No. 128 of 2025, subject to the conditions as laid down
           Patna High Court CR. MISC. No.89517 of 2025(2) dt.19-01-2026
                                                       3/3




                     under Section 482(2) of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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