Patna High Court
Raju Yadav @ Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275
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
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under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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