Patna High Court

RAJEEV YADAV @ RAJIV KUMARversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner.

Summary

Petitioner Rajeev Yadav was arrested in connection with a case involving the alleged possession of 105 litres of liquor, two motorcycles and other articles, and charged under Section 111 of the Bharatiya Nyaya Sanhita, 2023, read with Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, that he was not arrested on the spot, and that he had no prior criminal record. He also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of direct evidence, the petitioner’s clean record and the period of custody already served, the Court granted bail on the condition of a Rs.15,000 bond and two sureties of equal amount.

Issues considered

Whether bail should be granted to the accused under Section 111 of the Bharatiya Nyaya Sanhita read with the Bihar Prohibition and Excise Act in view of the facts of the case.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 111

Subjects

bail
criminal procedure
Section 111
Bihar Prohibition and Excise Act
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
illegal liquor possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90266 of 2025
                       Arising Out of PS. Case No.-430 Year-2025 Thana- BALIYA District- Begusarai
                 ======================================================
                 RAJEEV YADAV @ RAJIV KUMAR S/o- Shankar Prasad Yadav @ Shankar
                 Yadav R/v- Pokhariya Ps- Ballia Dist- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rahul Singh, Advocate
                 For the Opposite Party/s :        Mr. Nagendra Prasad, APP
                 ======================================================
                 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 Ballia

                   P.S. Case No. 430 of 2025, instituted for the offences punishable

                   under Section 111 of the Bharatiya Nyaya Sanhita, 2023, read

                   with Sections 30(a) and 41(1) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 105 liters

                   liquor, two motorcycles and other articles have been recovered.

                                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.90266 of 2025(2) dt.12-01-2026
                                                         2/2




                       no concern with the alleged recovery of liquor. Learned counsel

                       for the petitioner also submits that the petitioner was not

                       arrested on spot. Name of the petitioner has transpired as being

                       owner of one of the motorcycle in question which was parked

                       by the petitioner. The petitioner is in custody since 01.12.2025

                       and has got no criminal antecedent. 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 Ballia P.S. Case No.

                       430 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

Continue reading with your account

Checking your session…