Patna High CourtCR. MISC./12147/2026bail granted

Rupesh Yadav v. The State Of Bihar

2026-02-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12147 of 2026 Arising Out of PS. Case No.-389 Year-2020 Thana- KOTWA District- East Champaran ====================================================== Rupesh Yadav S/o Tulan Yadav @ Tulan Rai Resident of village - Lakshamanwa, P.s.- Kotwa, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate Ms. Hansha Shashwat, Advocate For the Opposite Party/s :

Mr.Anish Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kotwa P.S. Case No. 389 of 2020, instituted for the offences punishable under Sections 272 and 273/34 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act. Earlier, anticipatory bail application of the petitioner was rejected vide order dated 15.02.2022 passed in Criminal Miscellaneous No. 18474 of 2021.

3. The prosecution case, in short, is that total 800 liters of spirit was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.12147 of 2026(2) dt.23-02-2026 2/2 no concern with the alleged recovery of spirit. Learned counsel for the petitioner further submitted that the recovery has been made from joint house of the petitioner, where other family members also reside. Learned counsel for the petitioner further submits that other co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 14.12.2021 passed in Cr. Misc. No. 18097 of 2021. The petitioner is in custody since 20.11.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kotwa P.S. Case No. 389 of 2020.

(Rudra Prakash Mishra, J) manish/- U T