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Patna High Court

Raj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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