Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail was granted on the condition of surrender within six weeks, a bail bond, sureties, and compliance with Section 482(2) of the CrPC.
Summary
Rahul Kumar, the owner of a motorcycle seized in an Excise case (PS No. 443 of 2025) for carrying Nepali foreign liquor, applied for anticipatory bail. He claimed he was not present at the spot of seizure, had given the bike in good faith to co‑accused Sudhir Kumar for medical reasons, and had no knowledge of the illegal liquor or any criminal antecedent. The State opposed the bail, arguing the vehicle was used in the alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The High Court examined the facts, noted the petitioner’s lack of control over the vehicle and clean record, and ordered that anticipatory bail be granted if he surrenders within six weeks, furnishes a bail bond of Rs 10,000 with two sureties, and complies with conditions under Section 482(2) of the CrPC. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in the Excise case involving alleged possession of foreign liquor.
- Whether the petitioner is liable for offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- foreign liquor
- motor vehicle seizure
- Section 482 CrPC
- Bihar Prohibition and Excise Act
- bail bond
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23665 of 2026
Arising Out of PS. Case No.-443 Year-2025 Thana- Excise P.S. District- Sitamarhi
======================================================
Rahul Kumar S/O Kari Singh R/O Village -Naranga @ Narga, P.S. - Bela,
Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Excise P.S. Case No. 443 of 2025 dated
20.06.2025 registered for the offences punishable under Section
30(a) and 32(3) of Bihar Prohibition and Excise Act.
3. As per the allegation, two motorcycle were
intercepted and one person each were arrested from the
motorcycle. It is alleged that from one motorcycle 7.160 litres of
Nepali foreign liquor was recovered while from the other 8.160
litres of Nepali liquor was recovered.
4. Learned counsel for the petitioner has submitted
that petitioner was not arrested from the spot. Petitioner happens
to be the owner of the motorcycle which was being driven by
co-accused Sudhir Kumar. Petitioner was not aware about an ill
Patna High Court CR. MISC. No.23665 of 2026(2) dt.22-04-2026
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intention of co-accused Sudhir Kumar. It has further been
submitted that petitioner has given the motorcycle to co-accused
Sudhir Kumar in good faith as he needed the motorcycle for
taking his mother to hospital who needed a medical attention. It
has further been submitted that at the time of search and seizure,
the motorcycle in question was not under the control of the
petitioner. It has further been submitted that petitioner has got
no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record, let the
above named petitioner, in the event of his arrest/surrender
within a period of six weeks from today, be enlarged on
anticipatory 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 court concerned, Sitamarhi in
connection with Excise P.S. Case No. 443 of 2025, subject to
conditions as laid down under section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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