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Patna High Court

Ratish Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant bail and therefore ordered the petitioner’s release on bail with conditions.

Summary

The petitioner, Ratish Kumar Yadav, was arrested in connection with the recovery of 360 litres of Nepali liquor and charged under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged possession of the liquor, while the petitioner claimed innocence, stating that the liquor was recovered from an open public place and no incriminating material was found on him. He had been in custody since 25‑11‑2025 and possessed two prior criminal antecedents, but a co‑accused had already been granted bail. The State opposed bail, but the Court noted the lack of material against the petitioner, the open‑place recovery, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Consequently, the Court granted bail subject to a bond of Rs.15,000 with two sureties and conditions regarding family surety and appearance at trial.

Issues considered

  • Whether bail should be granted to the petitioner despite the nature of the offences and his prior criminal antecedents
  • Whether the recovery of liquor from an open public place and absence of material in the petitioner's possession justify bail
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application

Legislation cited

Subjects

  • bail
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • liquor seizure
  • criminal antecedents
  • open public place
  • co‑accused bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90198 of 2025
                   Arising Out of PS. Case No.-164 Year-2025 Thana- MADHWAPUR District- Madhubani
                 ======================================================
                 Ratish Kumar Yadav S/O Rajeshwar Yadav @ Rajesar Yadav Resident of
                 Village- Akhraghat, (Akrghat), P.S.- Saharghat, Dist.- madhubani

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bhavesh Kumar Sah, Advocate
                                                 Ms.Archna Anand, Advocate
                                                 Mr.Sumit Kumar Singh, Advocate
                                                 Mr.Rakesh Bihari Singh, Advocate
                 For the Opposite Party/s :      Mr.Md. Shakir Ahmad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Madhwapur P.S. Case No. 164 of 2025, instituted for the

                   offences punishable under Sections 274, 275 and 3(5) of the

                   B.N.S and Section 30(a) of theBihar Prohibition and Excise Act.

                                 3. The prosecution case, in short, is that total 360

                   liters of Nepali liquor was recovered from eight plastic sacks.

                                 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
Patna High Court CR. MISC. No.90198 of 2025(2) dt.12-01-2026
                                            2/3




          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner further submitted that the recovery has been

          made from open place, which is accessible to public at large.

          The petitioner is in custody since 25.11.2025 and has got two

          criminal antecedents. Learned counsel for the petitioner further

          submits that other co-accused has been granted bail by a Co-

          ordinate Bench of this Court vide order dated 07.01.2026 passed

          in Cr. Misc. No. 89836 of 2025. 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 Madhwapur P.S.

          Case No. 164 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
           Patna High Court CR. MISC. No.90198 of 2025(2) dt.12-01-2026
                                                       3/3




                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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