Patna High Court
Rudal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as the recovery did not arise from the petitioner's conscious possession and he has a clean antecedent.
Summary
The petitioner, Rudal Kumar, was named in an FIR for alleged illegal manufacturing and transportation of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 90 litres of liquor recovered. He contended that he was implicated only because he owned the vehicle used by the driver, who allegedly misused it, and that the liquor was not in his conscious physical possession. The prosecution opposed bail, but the court noted the lack of direct possession, the petitioner’s clean antecedent, and the fact that the seizure list witnesses were police personnel. Accordingly, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail order was directed to be implemented by the Special Excise Court and Sessions Judge where the case is pending.
Issues considered
- Whether the petitioner is entitled to bail despite being named in the FIR for offences under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the recovery of illicit liquor constitutes conscious physical possession of the petitioner.
- Whether ownership of the vehicle used for alleged transport is sufficient grounds to deny bail.
Legislation cited
- Bihar Negotiable Instruments (or related) Special Statute — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- excise
- illicit liquor
- conscious possession
- vehicle ownership
- clean antecedent
- Section 30(a)
- Section 438(2) CrPC
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29041 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- EXCISE MAHUWA District- Vaishali
======================================================
Rudal Kumar S/o Nathu Singh RO Village- Chand Saray, Sahdullah Chowk,
PS- Mahua, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashish Kr. Ranjan, Adv.
Ms. Anita Kumari, Adv.
For the Opposite Party/s : Mr. Anil Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 11-05-2026 Heard the parties
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Excise
Mahua P.S. Case No. 24 of 2026 registered for the
offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor,
where, there is recovery of 90 litres of IMFL/country
made liquor
4. It is submitted by learned counsel appearing
Patna High Court CR. MISC. No.29041 of 2026(2) dt.11-05-2026
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on behalf of the petitioner that petitioner implicated with
present case only for the reason that he is the owner of
the vehicle bearing registration no BR06AY8262. It is
submitted that the vehicle was given on hire basis to the
driver, who misused the same for illegal transportation
of illicit liquor. It is submitted that the liquor was
admittedly not recovered from the conscious physical
possession of this petitioner and moreover, the seizure
list witnesses are also not independent witness rather
they are police personal. Petitioner claimed clean
antecedent.
5. Learned APP, opposes the prayer of bail.
6. In view of aforesaid factual submission and
by taking note of fact as recovery of alleged illicit liquor
prima-facie not appears to be made from the conscious
physical possession of the petitioner, who is a man of
clean antecedent, accordingly petitioner above-named, in
the event of his arrest or surrender before the court
below within a period of four weeks, is directed to be
Patna High Court CR. MISC. No.29041 of 2026(2) dt.11-05-2026
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released on bail, furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Exclusive
Special, Excise Court no. II cum District and Addl.
Sessions Judge, Vaishali at Hajipur /concerned Court,
where the case is pending in connection with Excise
Mahua P.S. Case No. 24 of 2026, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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