Patna High Court

Raunak KumarversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: AJIT KUMAR

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Raunak Kumar, applied for anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, where three bottles of illicit liquor were recovered from a motorcycle he had lent to a co‑villager. The prosecution alleged that the liquor was in the petitioner’s constructive possession, while the petitioner contended he had no knowledge of the liquor and had merely lent the bike. The court noted the absence of any direct link between the petitioner and the seized liquor and considered his clean antecedents. Consequently, the court was inclined to grant anticipatory bail. The petitioner was ordered to furnish a bail bond of Rs. 10,000 with two sureties and to surrender within four weeks, subject to conditions under Section 482(2) of the B.N.S.S., 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner alleged to be in constructive possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether there is sufficient material connecting the petitioner to the alleged offence to deny anticipatory bail.

Legislation cited

B.N.S.S., 2023 — s. 482(2)

Subjects

anticipatory bail
illicit liquor
constructive possession
Bihar Prohibition and Excise Act
Section 30(a)
Section 482(2)
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11341 of 2026
                        Arising Out of PS. Case No.-18 Year-2025 Thana- DARIHAT District- Rohtas
                 ======================================================
                 Raunak Kumar Son of Jitendra Singh Resident of Village - Sakhara, P.S.-
                 Dalmiyanagar, District - Rohtas.
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mithilesh Kumar Singh, Advocate
                 For the Opposite Party/s :        Mrs. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   17-02-2026                     Heard learned counsel for the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Darihat P.S. Case No. 18 of 2025, F.I.R dated

                   05.03.2025 registered for the offences punishable under

                   Sections 30(a) of Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, the informant allegedly

                   noticed a suspicious person riding a motorcycle. He was chased

                   and apprehended, and upon search, three bottles of liquor

                   totalling 1.125 liters were allegedly recovered. The accused,

                   namely, Bahadur Kumar @ Vivek Kumar Sharma, was arrested

                   on the spot.

                                4. Learned counsel for the petitioner submits that the

                   alleged recovery was made from a bag being carried on a

                   motorcycle belonging to the petitioner. However, as a matter of

                   fact, the petitioner had lent his motorcycle to a co-villager on

                   the pretext of visiting his relative’s village, and he had no
             Patna High Court CR. MISC. No.11341 of 2026(2) dt.17-02-2026
                                                         2/2




                       knowledge of any illicit liquor being transported on the said

                       motorcycle. There is nothing specific attributed to the petitioner

                       to connect him with the said transportation of the seized liquor.

                       Lastly, it is submitted that the petitioner has a clean antecedent.

                                    5. Learned APP for the State opposes the prayer for

                       anticipatory bail application.

                                    6. Regard being had to the submission made by the

                       parties, taking into consideration the fact that illicit liquor has

                       not been recovered from the constructive possession of the

                       petitioner, accordingly, this Court is inclined to grant

                       anticipatory bail to the petitioner.

                                    7. Let the petitioner, above named, be released on

                       anticipatory bail in the event of arrest or surrender before the

                       court below within a period of four weeks from today on

                       furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                       two sureties of the like amount each to the satisfaction of

                       learned Exclusive Special Judge, Court No.1, Rohtas at Sasaram

                       in connection with Darihat P.S. Case No. 18 of 2025 subject to

                       the condition as laid down under Section 482(2) of the B.N.S.S.,

                       2023.


                                                               (Ajit Kumar, J)
shikha/-
U        T

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