Patna High Court
RATNESH KUMAR @ GULSHAN KUMAR @ RATNESH CHOUDHARY @ GULSHANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Ratnesh Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly selling illicit liquor after police recovered 7.875 litres of foreign liquor from a dilapidated house near his residence. The petitioner contended that the liquor was not in his conscious possession nor on his premises, arguing that the recovery was from an open space accessible to all. The court examined the prosecution’s evidence and the petitioner’s claim that the seizure was unrelated to his direct control. Finding that the liquor was not recovered from the petitioner’s possession, the court was inclined to grant anticipatory bail. Accordingly, the application for anticipatory bail was allowed, subject to a bail bond of Rs.10,000 with two sureties and compliance with Section 438(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted when the alleged contraband is not recovered from the petitioner’s conscious possession.
- Whether the facts disclosed justify the issuance of bail under Section 438(2) of the Code of Criminal Procedure.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30
- Section 438
- bail bond
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29291 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- MORO District- Darbhanga
======================================================
RATNESH KUMAR @ GULSHAN KUMAR @ RATNESH CHOUDHARY
@ GULSHAN S/o Late Dinesh Choudhary Resident of Village- Patori, Ward
No. 09, Police Station- Moro, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary
For the Opposite Party/s : Mr. Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of
Moro Police Station Case No. 26 of 2026, dated
04.03.2026, disclosing offence under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in brief, is that on secret
information that the petitioner is selling illicit liquor, the
police conducted a raid. On seeing police party one
person succeeded in fleeing away. Upon search, 7.875
litres of illicit foreign liquor was recovered from a nearby
dilapidated house being used for storing and selling
liquor.
Patna High Court CR. MISC. No.29291 of 2026(2) dt.06-05-2026
2/3
4. Learned counsel for the petitioner submits that he has
falsely been implicated in the present case due to oblique
motive and his name has transpired on the basis of secret
information. He next submits that illicit liquor has not
been recovered from conscious possession of the
petitioner and/or from the premises belonging to him.
Rather, illicit liquor has been recovered from a
dilapidated house beside petitioner’s house, which is an
open space accessible to all and sundry.
5. Regards being had to the submission made by the parties
and taking into consideration the fact that illicit liquor has
not been recovered from conscious possession of the
petitioner, rather, the same has been recovered from open
space accessible to all and sundry, I am inclined to grant
the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each
to the satisfaction of the learned Exclusive Special Judge
II (Excise Act), Darbhanga, in connection with Moro
Patna High Court CR. MISC. No.29291 of 2026(2) dt.06-05-2026
3/3
Police Station Case No. 26 of 2026, subject to the
condition laid down under Section 438 (2) of the Code of
Criminal Procedure.
(Anil Kumar Sinha, J)
ashwani/-
U T
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