Rahul Yadav @ Rahul Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Rahul Yadav @ Rahul Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail upon arrest or surrender within four weeks, on a bail bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-2, Nawada, subject to six enumerated conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in Kawakol P.S. Case No. 114 of 2026 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act, is entitled to anticipatory bail.

Court's answer

Taking into account the submissions of the parties, the judgment in Ram Vinay Yadav (supra), that nothing was recovered from the petitioner's conscious possession, and that he has no criminal antecedent, this Court was inclined to extend to the petitioner the privilege of anticipatory bail with conditions.

Ratio / Principle

The petitioner is to be released on bail in the event of arrest or surrender within four weeks from receipt of the order, on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each, to the satisfaction of the learned Exclusive Special Judge, Excise-2, Nawada, in connection with Kawakol P.S. Case No. 114 of 2026, subject to conditions.

Key takeaways

Conditions of release include: one bailor to be a family member/relative providing official documentation of bona fides; appearance before the Police Station as and when required for cooperation in investigation; appearance on every Trial Court date, failure on two consecutive dates without plausible reason entailing cancellation of the bail bond by the Trial Court itself; reporting before the concerned police station every fortnight for six months with a certificate submitted to the Trial Court thereafter; abstention from inducing, promising or threatening witnesses or tampering with evidence; and desistance from committing further criminal offences — default under these conditions permitting the State to seek cancellation of the bail bonds.ratio¶29

Detailed headnote1 paragraphs

Anticipatory bail — Bihar Prohibition and Excise Act, S. 30(a) — Maintainability despite bar under S. 76(2) — Petitioner apprehending arrest in Kawakol P.S. Case No. 114 of 2026 (Nawada), FIR dated 25.02.2026, after recovery/seizure of 12.375 litres of foreign liquor from the house of his father Vinod Yadav, from which he escaped — Reliance placed on Full Bench decision of the Patna High Court in Ram Vinay Yadav vs. State of Bihar, 2019 (2) PLJR 1089, that an anticipatory bail application under the Excise Act is maintainable despite the S. 76(2) bar if no offence is made out on the FIR allegations — Nothing recovered from the petitioner's conscious possession and no criminal antecedent — Anticipatory bail granted: release on arrest or surrender within four weeks on personal bond of Rs. 10,000/- with two sureties of like amount each before the Exclusive Special Judge, Excise-2, Nawada, subject to conditions including fortnightly reporting at the police station for six months and appearance on every trial date. (Paras 15-25)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35397 of 2026

Arising Out of PS. Case No.-114 Year-2026 Thana- KAUWAKOL District- Nawada

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

Rahul Yadav @ Rahul Kumar S/o Vinod Yadav Resident of Vill. - Badraji, P.S.-Kawakol, District - Nawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Advocate : Mr. Sitesh Kashyap, Advocate For the State : Mr. Rajesh Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2 21-05-2026

Heard Mr. Sanjeev Kumar, learned counsel for the

petitioner and learned APP representing the State through virtual mode.

The petitioner is apprehending his arrest in connection with Kawakol P.S. Case No. 114 of 2026 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 25.02.2026 by the informant, Ramashanker Chaudhary.

As per the prosecution story, the Police on secret information raided the house of the petitioner’s father Vinod Yadav and there is recovery/seizure of 12.375 liter foreign liquor, petitioner managed to escape. This led to the FIR.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.35397 of 2026(2) dt.21-05-2026 2/4

admittedly, the house belongs to his father, beside his arrest, the petitioner has also been implicated. Last submissions is that he do not have criminal antecedent.

Further, learned counsel for the petitioner relied on the judgment of the Full Bench of Hon’ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.

Learned APP opposes the prayer submitting that the house may belong to Vinod Yadav, the petitioner also has a role in the said recovery/seizure.

Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra) , as also that nothing has been recovered from his conscious possession, he do not have criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

Let the petitioner be released on bail in the event of

Patna High Court CR. MISC. No.35397 of 2026(2) dt.21-05-2026 3/4

arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/(Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge, Excise-2, Nawada in connection with Kawakol P.S. Case No. 114 of 2026 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;

(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iv) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds;

(v) the petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.35397 of 2026(2) dt.21-05-2026 4/4

promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

(Rajiv Roy, J)

vinayak/-

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