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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to anticipatory bail, subject to a bond of Rs.10,000, two sureties, and compliance with conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.

Summary

The petitioner, Rahul Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 129.450 litres of country-made liquor, although the FIR named an unknown person and the petitioner was identified only as the driver, with no personal possession of the liquor. He sought anticipatory bail, arguing lack of direct possession and offering to deposit a modest sum with the High Court Legal Services Committee. The State opposed, citing two similar prior offences, though the petitioner was already on bail in those matters. The Court considered the facts, the petitioner’s willingness to cooperate, and the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) BNSS, and ordered anticipatory bail on a bond of Rs.10,000 with two sureties, subject to specific conditions. The bail bond is to be accepted upon receipt of the deposit, and non‑cooperation may lead to cancellation.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the allegations under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s prior criminal antecedents of a similar nature preclude the grant of anticipatory bail.
  • Whether the proposed bail bond and sureties satisfy the statutory requirements for anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • Bharatiya Nagarik Suraksha Sanhita
  • liquor seizure
  • bail conditions
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25961 of 2026
                  Arising Out of PS. Case No.-274 Year-2019 Thana- BAHADURGANJ District- Kishanganj
                 ======================================================
                 Rahul Kumar Son of Subhod Yadav Resident of Village- Bela Rikabgfanj,
                 Ward No. 01, P.S.- K. Nagar, District- Purnea

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :      Ms. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   24-04-2026                    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 offences punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. The allegation in the First Information Report is

                   that 129.450 litres of country made liquor has been recovered

                   from a vehicle.

                                4. Learned counsel for the petitioner submits that the

                   First Information Report was lodged against unknown and the

                   name of the petitioner has transpired during the course of

                   investigation on the fact that he was identified as the driver of

                   the said vehicle, however, there is no recovery from personal or

                   conscious possession of the petitioner. The petitioner is not the
Patna High Court CR. MISC. No.25961 of 2026(2) dt.24-04-2026
                                            2/3




          registered owner of the said vehicle.

                       5. Learned APP for the State opposed the prayer for

          anticipatory bail and submits that the petitioner has two criminal

          antecedents of similar nature. However, in response it has been

          submitted that the petitioner is on bail in both the cases.

                       6. Petitioner has offered to deposit a sum of

          Rs.5,000/- (Rupees Five Thousand) in Patna High Court Legal

          Services          Committee,            Patna,         bearing     Account

          No.1413010060836, IFSC Code:                         PUNB0141320, Punjab

          National Bank, Bar Council Branch, Patna.

                       7.    Taking      into     consideration      the   facts   and

          circumstances of the case, let the above named petitioner, be

          released on bail, in the event of his arrest or surrender before the

          learned 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

          the learned Court below where the case is pending/successor

          Court in connection with Bahadurganj P.S. Case No. 274 of

          2019, subject to the condition as laid down under Section 438

          (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik

          Suraksha Sanhita (BNSS), 2023, subject to the condition(s) that:

                                  (i) One of the bailors will be his own blood
                                  relative, preferably, father, mother, brother,
              Patna High Court CR. MISC. No.25961 of 2026(2) dt.24-04-2026
                                                          3/3




                                                sister and/or his wife.
                                                (ii) The petitioner shall co-operate with the
                                                investigation, if not already concluded and
                                                make himself available as and when so
                                                required, failing which the prosecution will be
                                                at liberty to move cancellation of his bail bond.
                                     8. The bail bond of the petitioner shall be accepted by

                        the learned Court below on showing receipt of deposit of the

                        aforesaid amount in the account of Patna High Court Legal

                        Services Committee, Patna.



                                                  (Soni Shrivastava, J)
anand/-

U         T


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