Rakesh Yadav @ Rakesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44687 of 2026 Arising Out of PS. Case No.-144 Year-2024 Thana- HARLAKHI District- Madhubani ====================================================== Rakesh Yadav @ Rakesh Kumar Yadav, Son of Upendra Yadav, R/o Village - Sothgaon, P.S - Harlakhi , District- Madhubani ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Advocate For the Opposite Party/s :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Harlakhi P.S. Case No.144 of 2024 registered under Sections 341, 323, 324, 353, 272, 273 and 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 234 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for the petitioner that the seized illicit liquor was recovered from
Patna High Court CR. MISC. No.44687 of 2026(2) dt.06-07-2026 2/3 the Asbestos hut of one, namely, Upendra Yadav. Being an open place, it is accessible to 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 solely on the ground that he is the son of one, namely, Upendra Yadav. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory bail to the petitioner.
6. 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, who is a man of clean antecedent, 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
Patna High Court CR. MISC. No.44687 of 2026(2) dt.06-07-2026 3/3 sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge- 2nd-cumSpecial Judge (Excise Act), Madhubani in connection with Harlakhi P.S. Case No.144 of 2024, 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