Patna High Court

Rishi Kumar Yadav @ Rishi YadavversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, as no prima‑facie case was established and procedural requirements were not met.

Summary

The petitioner, Rishi Kumar Yadav, was implicated in a case (Jhajha PS Case No. 157 of 2025) for alleged possession of 90 litres of illicit liquor, alleged under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. He claimed he was merely the owner of the vehicle and had no knowledge of the liquor, asserting no criminal antecedent and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, thus no prima‑facie case existed. The State opposed his bail. The High Court, after considering the facts, granted anticipatory bail on the condition that the petitioner surrenders within six weeks and furnishes a bail bond of Rs.15,000 with two sureties, subject to the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Whether a prima‑facie case exists against the petitioner for offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.
Whether the prosecution complied with the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 103
Section 482(2)
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91223 of 2025
                        Arising Out of PS. Case No.-157 Year-2025 Thana- JHAJHA District- Jamui
                 ======================================================
                 Rishi Kumar Yadav @ Rishi Yadav S/o- Adhiklal Yadav Village- Motitari PS-
                 Gangta District- Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mukul Jee, Advocate
                 For the Opposite Party/s :       Mr. Ramesh Chandra, 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 apprehends his arrest in connection

                   with Jhajha PS Case No. 157 of 2025 instituted for the offences

                   under Sections 30(a) & 32 of the Bihar Prohibition and Excise

                   Act.

                           3.       The prosecution case, in short, is that total 90 litres

                   of liquor was recovered from Tata magic.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case as being owner

                   of the vehicle in question and he was not aware that illicit liquor

                   was laden in the vehicle. The petitioner has got no concern with
           Patna High Court CR. MISC. No.91223 of 2025(2) dt.19-01-2026
                                                       2/2




                     the alleged recovery of liquor. The petitioner has no criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel

                     for the petitioner, therefore, contends that prima-facie no case is

                     made out against the petitioner.

                             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, let the petitioner 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) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Jhajha PS Case No.

                     157 of 2025 , subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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