Rakesh Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Rakesh Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail upon arrest or surrender before the Court below within six weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Exclusive Special Judge, Excise Court – II, Bettiah, West Champaran, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who apprehends arrest in Majhauliya P.S. Case No. 317 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

Considering the facts and circumstances, the submissions of counsel, the open place of recovery and the petitioner's clean antecedents, anticipatory bail is granted.

Ratio / Principle

In the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the Exclusive Special Judge, Excise Court – II, Bettiah, West Champaran, in connection with Majhauliya P.S. Case No. 317 of 2026, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Patna High Court, CR. MISC. No.32291 of 2026 (decided 13-05-2026, Sunil Dutta Mishra, J): Anticipatory bail granted to Rakesh Yadav, who apprehended arrest in Majhauliya P.S. Case No. 317 of 2026 (West Champaran), registered under Section 30(a) of the Bihar Prohibition and Excise Act after an alleged recovery of 30 litres of illicit country liquor from two plastic gallons. Considering that the recovery was from an open place and the petitioner's clean antecedents, the Court directed that, in the event of arrest or surrender within six weeks, he be released on a bail bond of Rs.10,000/- with two sureties of the like amount each before the Exclusive Special Judge, Excise Court – II, Bettiah, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32291 of 2026

Arising Out of PS. Case No.-317 Year-2026 Thana- MAJHAULIA District- West Champaran

======================================================

Rakesh Yadav S/o Shambhu Yadav Resident of Village- Dumari ward no. 02, P.S.- Majhauliya, District- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Niraj Kumar Sharma, Advocate For the Opposite Party/s : Ms. Madhuri Lata, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 13-05-2026 Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act.

As per prosecution case, on secret information that petitioner is indulged in illegal trade of illicit liquor, the police proceeded to search but seeing the police, the accusedpetitioner managed to flee away. Upon search, 30 litres of illicit country made liquor was recovered from two plastic gallons.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating article has been recovered from the conscious possession of the petitioner. The name of petitioner

Patna High Court CR. MISC. No.32291 of 2026(2) dt.13-05-2026 2/2

was disclosed by the local chaukidar . The alleged recovery has been made from the open place situated near Sikarhana river. Petitioner is aged about 22 years having no criminal antecedent and he undertakes to cooperate in the investigation and the trial.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case, submissions of learned counsel for the parties, place of recovery which is open place and clean antecedent of the petitioner, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court – II, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 317 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J)

Harish/-