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2026 DAILYLAW 15773 (PAT)

Rakesh Yadav v. The State of Bihar

CR. MISC./32291/2026 · 2026-05-13

Sunil Dutta Mishra

body2026

Judgment text

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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. 2. The petitioner apprehends his arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act. 3. 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 accused- petitioner managed to flee away. Upon search, 30 litres of illicit country made liquor was recovered from two plastic gallons. 4. 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. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail. 6. 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. Harish/- (Sunil Dutta Mishra, J) U T