Patna High Court
Rishu Yadav @ Jhunalal Yadav @ Risu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner.
Summary
The petitioner, Rishu Yadav, was arrested on 06-11-2025 after 50 litres of liquor were recovered from a motorcycle, and a case was filed under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating he does not own the motorcycle and that no incriminating material was found in his possession. He also argued that his arrest was based merely on suspicion and that the police failed to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of evidence, the petitioner’s clean record, and the prolonged custody, the Court decided to grant bail on the condition of a Rs.15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the arrest was lawful given the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioner’s lack of ownership of the motorcycle and absence of incriminating material affect the bail decision.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- suspicion arrest
- Section 103
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91160 of 2025
Arising Out of PS. Case No.-119 Year-2025 Thana- Bhopatpur District- East Champaran
======================================================
Rishu Yadav @ Jhunalal Yadav @ Risu Yadav Son of Lalan Yadav Resident
of village - Nawka Tola Bhopatpur, P.S.- Bhopatpur, District - East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bhopatpur P.S. Case No. 119 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 50 liters
liquor was recovered from motorcycle and the petitioner was
arrested on spot.
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
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.91160 of 2025(2) dt.19-01-2026
2/2
for the petitioner also submits that the petitioner is not the
owner of the motorcycle in question. It is further submitted that
the petitioner has been arrested only on the basis of suspicion.
The petitioner is in custody since 06.11.2025 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 Bhopatpur P.S. Case
No. 119 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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