Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Rakesh Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning alleged manufacture of illicit liquor. Police, acting on a tip, recovered 25 litres of country-made liquor from the banks of the Chiknautra river after chasing the accused, but did not apprehend the petitioner on the spot. The petitioner claimed innocence and alleged false implication, while the State opposed the bail. The Court noted the absence of the petitioner’s physical possession of the seized liquor and the lack of signatures of two independent witnesses on the seizure memo, casting doubt on the legality of the seizure. Consequently, the Court granted anticipatory bail subject to a bail bond, sureties, cooperation with investigation, and verification of the petitioner’s criminal antecedents.
Issues considered
- Whether anticipatory bail can be granted under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the present circumstances.
- Whether the seizure of liquor from a public river without proper witness signatures renders the evidence inadmissible for denying bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal seizure
- illicit liquor
- Section 30(a)
- Section 438
- Section 482
- Bihar Prohibition and Excise Act
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17551 of 2026
Arising Out of PS. Case No.-545 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Rakesh Kumar S/o- Late Suresh Sahani @ Suresh Sahani R/vp- Godigawan
Ps- Sugauli District-East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar
For the Opposite Party/s : Mr.Kalyan Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise in connection with Sugauli
P.S.Case No. 545 of 2025.
3. As per the prosecution case, the police on being
alerted regarding manufacture of illicit liquor by the petitioner
and other accused persons in huge quantity at Chiknautra river,
rushed to the scene of occurrence and chased the accused
persons, who while taking to their heels, left behind bags. On
search, 25 litres of country-made liquor was recovered.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.17551 of 2026(2) dt.25-03-2026
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present case due to vengeance. The petitioner has nothing to do
with the alleged recovery of liquor.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the fact that the petitioner has not been
apprehended on the spot and, therefore, no recovery has been
made from the conscious physical possession of the petitioner
and, in fact, the recovery is from the bank of a river, which is an
open place and also considering the fact that search and seizure
memo does not bear the signature(s) of two independent
witnesses, which puts a question mark over the validity and
legality on the seizure itself, under these circumstances, I am
inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Excise Court No.1,
East Champaran, Motihari in connection with Sugauli P.S.Case
No. 545 of 2025, subject to the conditions laid down under
section 438(2) of the Code of Criminal Procedure/Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and
Patna High Court CR. MISC. No.17551 of 2026(2) dt.25-03-2026
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subject to further condition that :-
(i) the petitioner shall co-operate in the investigation/
trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case 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, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
HR/-
U T
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