Patna High CourtCR. MISC./7094/2026bail granted

Raj Kapoor Yadav v. The State Of Bihar

2026-02-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7094 of 2026 Arising Out of PS. Case No.-207 Year-2024 Thana- Excise Benipatti District- Madhubani ====================================================== Raj Kapoor Yadav S/O Vashisht Yadav R/O Vill. - Kyamchak, P.s.-Keoti, Dist.- Darbhanga ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in Bennipatti P.S. case No. 207 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution allegation, in short, is that 180 liters liquor was recovered from two motorcycles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent. No incriminating material has been recovered from the conscious possession of the petitioner. It is further submitted that the name of the petitioner has transpired as being owner of one of the

Patna High Court CR. MISC. No.7094 of 2026(2) dt.04-02-2026 2/2 motorcycles in question. The petitioner has got no knowledge and concern with the alleged recovery of liquor. Learned counsel, therefore, submits that prima facie, no case is made out against the petitioner. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, 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 the Court below/concerned Court in connection with Bennipatti P.S. case No. 207 of 2024, subject to the conditions as laid down under Section 482 (2) of Bharatiya Nagarik Suraksha Sanhita, 2023. (Rudra Prakash Mishra, J) Pankaj/- U T