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Patna High Court

Raghubir Kumar @ Raghuveer Kumar @ Raghuvir KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions specified.

Summary

Petitioner Raghubir Kumar feared arrest in connection with PS‑Runnisaidpur Case No. 16 of 2026, registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 after police recovered 57.75 litres of whisky in a raid at an open field. He argued that he was falsely implicated, that no liquor was found in his possession or residence and that the allegation arose from local villagers, although he does have one prior criminal record. The State opposed his application for anticipatory bail. The Court, after weighing the facts and submissions, granted anticipatory bail subject to conditions prescribed under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the B.N.S.S., including a bail bond, sureties, personal appearance at each trial date and verification of his antecedents. The order further stated that any observations made would not affect the trial.

Issues considered

  • Whether anticipatory bail should be granted in a case of alleged liquor smuggling under the Bihar Prohibition and Excise Amendment Act, 2022
  • Whether the petitioner poses a risk of fleeing, tampering with evidence or committing a similar offence
  • Whether the conditions imposed under Sections 438(2) CrPC and 482(2) B.N.S.S. are lawful and sufficient

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Amendment Act
  • liquor smuggling
  • criminal procedure
  • bail conditions
  • false implication
  • seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11286 of 2026
                    Arising Out of PS. Case No.-16 Year-2026 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Raghubir Kumar @ Raghuveer Kumar @ Raghuvir Kumar, Son of Shambhu
                 Sah, Resident of Village - Baligadh Ward No. 13, P.S.- Runnisaidpur,District-
                 Sitamarhi.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection with

                   Runnisaidpur P.S. Case No. 16 of 2026 registered for the

                   offences under Sections 30 (a) of the Bihar Prohibition and

                   Excise Amendment Act, 2022.

                                3. The prosecution case is to the effect that the police

                   received secret information that the petitioner, along with his

                   companions, was bringing liquor. On which a team was

                   constituted and a raid was conducted at Runnisaidpur Ghat and

                   on seeing the police the persons who had assembled in the

                   potato field of Munchun Mandal fled away and on search total

                   57.75 liters of Royal Stag Superior Whisky was recovered.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.11286 of 2026(2) dt.17-02-2026
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          petitioner has falsely been implicated in this case with false and

          concocted story. It has further been submitted that admittedly

          the field was of Munchun Mandal, where the recovery is said to

          have been made, which also is an open place accessible by all. It

          has next been submitted that it was on account of some local

          villagers that the petitioner has falsely been implicated and no

          recovery from his conscious possession or from his house has

          been made. It has lastly been submitted that the petitioner

          carries one criminal antecedent.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioner above named be released on anticipatory bail, in the

          event of arrest or surrender before the learned Court below

          within a period of four weeks from today, on furnishing bail

          bonds of Rs.10,000/-(ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Runnisaidpur P.S. Case No. 16 of 2026, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure read with corresponding Section 482(2) of B.N.S.S.
              Patna High Court CR. MISC. No.11286 of 2026(2) dt.17-02-2026
                                                          3/3




                        as well as subject to the following conditions:-

                                        (i) One of the bailors of the petitioner shall be his close
                                        relative.
                                        (ii) The petitioner shall remain physically present in
                                        Court on each date of the trial.
                                        (iii) In case of absence on two consecutive dates, or in
                                        violation of the terms of the bail, the bail bond of the
                                        petitioner will be liable to be cancelled by the Court
                                        concerned.
                                        (iv) If the petitioner is found involved in similar nature
                                        of offence in future, the prosecution shall be at liberty
                                        to move for cancellation of his bail bond.
                                        (v) The learned Court below shall verify the criminal
                                        antecedent of the petitioner and in case at any stage it is
                                        found that the petitioner has concealed his criminal
                                        antecedent, the court below shall take step for
                                        cancellation of bail bond of the petitioner. However, the
                                        acceptance of bail bonds in terms of the above-
                                        mentioned order shall not be delayed for purpose of or
                                        in the name of verification.

                                     7. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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