Patna High Court
Rahul Kumar Singh @ Rahul Singh @ ChikkiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner.
Summary
Petitioner Rahul Kumar Singh sought anticipatory bail fearing arrest in an excise case where 259.20 litres of illicit liquor were seized from a Scorpio vehicle. The prosecution alleged that the petitioner was involved in transporting the liquor, but the petitioner contended he neither owned nor drove the vehicle and was not in constructive possession of the seized goods. He also argued that the search and seizure were not conducted in accordance with the provisions of the Bihar Narcotic and Smuggling (B.N.S.S.) Act, 2023. The court examined the lack of a direct link between the petitioner and the seized liquor and noted procedural deficiencies. Consequently, the court granted anticipatory bail, subject to a bond of Rs.10,000 and two sureties, and conditioned it on compliance with Section 482(2) of the B.N.S.S. Act.
Issues considered
- Whether anticipatory bail is warranted when the seized illicit liquor is not in the petitioner's constructive possession.
- Whether the search and seizure complied with the procedural requirements of the B.N.S.S. Act, 2023.
- Whether Section 482(2) of the B.N.S.S. Act can be invoked to grant anticipatory bail in this excise matter.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(3), 41(1), 41(2)
- B.N.S.S. Act, 2023 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- search and seizure
- constructive possession
- Bihar Prohibition and Excise Act
- B.N.S.S. Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27642 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Rahul Kumar Singh @ Rahul Singh @ Chikki Son of Anil Kumar Singh @
Anil Singh R/o Village -Tajpur, P.S. - Manjhi, Dist. - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha
For the Opposite Party/s : Mr.Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Excise Sadar (Saran) P.S. Case No.35 of 2026,
F.I.R dated 11.02.2026 registered for the offences punishable
under Sections 30(a), 32(3), 41(1) and 41(2) of the Bihar
Prohibition and Excise Amendment Act, 2018.
3. As per the prosecution case, on 11.02.2026, Suresh
Prasad Chaudhary, Inspector-cum-SHO of Prohibition and
Excise P.S., lodged a self-written statement alleging that on
10.02.2026 at about 8:10 P.M., he received secret information
that Ganesh Sah and Rahul Singh @ Chikki were transporting
illicit liquor from Balia, U.P. and supplying it to different places
through Salempur, Tajpur and Ekma. Acting on the information,
Patna High Court CR. MISC. No.27642 of 2026(3) dt.13-05-2026
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the police conducted a raid at village Ghorhat, Salempur, where
the driver of a Scorpio vehicle bearing registration no. BR-
01PG-1848 abandoned the vehicle and fled away on seeing the
police. Upon search, the police recovered 259.20 litres of illicit
foreign liquor from the vehicle. The liquor and vehicle were
seized and a seizure list was prepared in presence of witnesses.
Consequently, Excise Sadar (Saran) P.S. Case No. 35 of 2026
dated 11.02.2026 was registered under Sections 30(a), 32(3),
and 41(1)(2) of the Bihar Prohibition and Excise Act.
4. Learned counsel for the petitioner submits that the
illicit liquor has been recovered from a Scorpio vehicle bearing
registration no. BR-01PG-1848 and the petitioner is neither the
owner nor the driver of the said vehicle. It has further been
submitted that the petitioner has been implicated in the present
case due to previous antecedent and is in no way connected with
the seized articles. Lastly, it has been submitted that the search
and seizure is said to have been made without adhering to the
procedures / provisions prescribed under the B.N.S.S. Act.
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
Patna High Court CR. MISC. No.27642 of 2026(3) dt.13-05-2026
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not been recovered from the constructive possession and / or
premises belonging to 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 Additional Sessions Judge cum Exclusive Special
Excise Judge court No.3, Saran at Chapra, in connection with
Excise Sadar (Saran) P.S. Case No.35 of 2026 subject to the
condition as laid down under Section 482(2) of the B.N.S.S.,
2023.
(Ajit Kumar, J)
sharun/-
U T
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