Patna High Court
CR. MISC./58722/2026 of Rampukar Kumar @ Ram Kumar Yadav @ Rampukar Yadav Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58722 of 2026 Arising Out of PS. Case No.-310 Year-2026 Thana- AURANGABAD TOWN District- Aurangabad ====================================================== Rampukar Kumar @ Ram Kumar Yadav @ Rampukar Yadav Son of Late Raghunandan Yadav @
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58722 of 2026
Arising Out of PS. Case No.-310 Year-2026 Thana- AURANGABAD TOWN District- Aurangabad ======================================================
Rampukar Kumar @ Ram Kumar Yadav @ Rampukar Yadav Son of Late Raghunandan Yadav @ Kalpu Yadav Resident of Village- Baijnath Bigha, P.S.- Town, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Santosh Kumar Pandey, Advocate
For the Opposite Party/s :
Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
19-08-2026 Heard learned Advocate for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Town P.S. Case No.310 of 2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Acting on a tip off regarding storage and sell of illicit wine, the police conducted raid, however noticing the police party, some of the persons who were present there succeeded in fleeing away. Out of them the petitioner was also identified by the local people. In course of search total 310.125 liters country made as well as foreign made liquor were recovered beneath the piles of straw.
Patna High Court CR. MISC. No.58722 of 2026(2) dt.19-08-2026
4. Learned Advocate for the petitioner taking this Court through the FIR primarily contended that the identification of the petitioner appears to be unfounded, besides the alleged recovery has been made from an open place, as is evident from the search and seizure memo. The place from where alleged recovery has been made is an open place easily accessible to all and in no circumstances, the petitioner can be held liable for the same. Only on account of one criminal antecedent of identical nature, as has been disclosed in paragraph No.3 of the bail application, the name of the petitioner has been implicated on suspicion, however without their being any incriminating materials. Since nothing has been recovered from the whereabouts or constructive possession of the petitioner and as such the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act is not applicable in the case of petitioner, is the contention of the learned Advocate for the petitioner.
5. On the other hand, learned Advocate for the State vehemently oppose the bail application and submits that a huge quantity of illicit wine has been recovered and the petitioner was identified by the local people, who were present there.
6. Having considered the submissions advanced by Patna High Court CR. MISC. No.58722 of 2026(2) dt.19-08-2026
the learned Advocate for the respective parties and taking note of the fact that alleged recovery has been made from an open place easily accessible to all, coupled with non-compliance of Section 103(4) of the BNSS as well as the lack of material, which attracts any bar to maintain the anticipatory bail and nothing has surfaced during the course of investigation suggesting the complicity of the petitioner in crime, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Addl. Session Judge-Cum-Exclusive Special Judge, Excise Court No.1, Aurangabad in connection with Town P.S. Case No.310 of 2026, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.
Utkarsh.k/- (Harish Kumar, J) U T