Patna High Court
Raghubir Kumar @ Raghuveer Kumar @ Raghuvir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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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