Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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,
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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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