Patna High Court
Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond and statutory conditions.
Summary
Petitioner Raj Kumar sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for possession of 20.1 litres of illicit liquor. He claimed the liquor was recovered from a joint house, that he had no involvement, and that he was falsely implicated by a neighbour, asserting a clean criminal record. The State opposed the bail. The High Court, after considering the facts and the petitioner’s claim of innocence and lack of antecedents, granted anticipatory bail subject to a Rs.30,000 bond and conditions under Section 2(1)(d) and Section 482(2) of the Bihar Narcotic Substances (Suppression) Act, 2023. The Court directed the trial court to verify any criminal antecedents and to cancel the bail if concealment is discovered. The order thus releases the petitioner on anticipatory bail pending trial.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- prohibition law
- criminal antecedent
- bail conditions
- Section 30
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30171 of 2026
Arising Out of PS. Case No.-42 Year-2025 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Raj Kumar S/O Subhash Singh R/O Village- Nayanpur Ward No. 1, P.S.-
Simri Bakhtiyarpur, Distt.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Randhir Kumar No 1, Adv.
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Simri Bakhtiyarpur P.S. Case No. 42 of 2025 lodged on
02.02.2025, for the offence punishable under section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
the sole petitioner. Total recovery of 20.1 litres of illicit liquor
has been made, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
Patna High Court CR. MISC. No.30171 of 2026(2) dt.06-05-2026
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possession of the petitioner and the alleged recovery has been
made from a joint house of the petitioner and the petitioner has
no concern with the alleged liquor. Counsel further submits that
the petitioner has been falsely implicated in this case by the
neighbour. Counsel further submits that the petitioner has clean
antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive
Special Judge (Excise) II, Saharsa, in connection with Simri
Bakhtiyarpur P.S. Case No. 42 of 2025, subject to the conditions
as laid down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
bail bond of the petitioner. However, the acceptance of the bail
Patna High Court CR. MISC. No.30171 of 2026(2) dt.06-05-2026
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bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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