Raj Kumar Yadav @ Raj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Raj Kumar Yadav @ Raj Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner, in the event of arrest or surrender within four weeks, to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cum Exclusive Special Excise Judge, Court No.-1, Gaya Ji, in connection with Buniyadganj P.S. Case No.156 of 2026, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

Issue for consideration

Whether the petitioner, named in the FIR and apprehending arrest in Buniyadganj P.S. Case No.156 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, is entitled to anticipatory bail.

Court's answer

Taking note of the factual submissions, the recovery of illicit liquor prima facie does not appear to have been made from the physical possession of the petitioner.

Ratio / Principle

In the event of arrest or surrender before the court below within four 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 learned Additional Sessions Judge-cum Exclusive Special Excise Judge, Court No.-1, Gaya Ji, in connection with Buniyadganj P.S. Case No.156 of 2026.

Key takeaways

The bail release is subject to the conditions laid down under Section 438(2) of the CrPC / Section 482(2) of the BNSS.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail - Bihar Prohibition and Excise Amendment Act, S. 30(a) - Buniyadganj P.S. Case No.156 of 2026 (Dist. Gaya) - alleged illegal trade/manufacture of illicit liquor with recovery of 10 litres of IMFL/country-made liquor - petitioner's pleas: recovery from banks of Falgu river, an open place accessible to the general public, hence no conscious possession; seizure list doubtful, unsupported by independent witnesses; implication owing to local village politics and rivalry; four criminal antecedents, in which he is on bail - Court noted that prima facie the recovery did not appear to be from the physical possession of the petitioner - petitioner directed to be released on bail upon arrest or surrender within four weeks on bail bond of Rs.10,000/- with two like sureties to the satisfaction of the learned Additional Sessions Judge-cum Exclusive Special Excise Judge, Court No.-1, Gaya Ji - subject to conditions under S.438(2) CrPC / S.482(2) BNSS. (Chandra Shekhar Jha, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43564 of 2026

Arising Out of PS. Case No.-156 Year-2026 Thana- BUNIYAD GANJ District- Gaya

====================================================== Raj Kumar Yadav @ Raj Kumar, S/o Sakaldev Yadav, R/o Village - Kukiyasin, P.S- Buniyadganj, District - Gaya

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s : Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 03-07-2026

Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

The accused/petitioner is named in the FIR and apprehending his arrest in connection with Buniyadganj P.S. Case No.156 of 2026 registered under Section 30(a) of the

Bihar Prohibition and Excise Amendment Act.

Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 10 litres of IMFL/country-made liquor.

It is submitted by learned counsel appearing for

the petitioner that the seized illicit liquor was recovered from

the banks of Falgu river, which is an open place accessible to

Patna High Court CR. MISC. No.43564 of 2026(2) dt.03-07-2026 2/3

the general public and, therefore, it cannot be said that the alleged recovery was made from the conscious possession of the petitioner. It is further submitted that seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. It is also pointed out that the name of the petitioner surfaced due to local village politics and rivalry. The petitioner has four criminal antecedent, in which, he is on bail.

Learned APP opposed the prayer of anticipatory bail to the petitioner.

In view of aforesaid factual submissions and by taking note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-cumExclusive Special Excise Judge Court No.-1, Gaya Ji in

Patna High Court CR. MISC. No.43564 of 2026(2) dt.03-07-2026 3/3

connection with Buniyadganj P.S. Case No.156 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.)

Raushan/-

U T