Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Rahul Kumar, sought anticipatory bail after being implicated in a case involving the transport of 50 litres of illicit mahua liquor, alleged to have been loaded at his instance. The FIR recorded that the driver, Kundan Kumar, was apprehended while Rahul fled, and the co-accused’s confession formed the basis of the accusation. Rahul contended he was innocent, not the vehicle owner, and had no criminal record, arguing that the liquor was not in his constructive possession. The State opposed the bail, citing the seriousness of the offence under the Bihar Prohibition and Excise Act. Considering the lack of recovered liquor, the petitioner’s clean antecedent, and the reliance on a co-accused’s confession, the Court granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the confession of a co-accused is sufficient to justify denial of bail
- Whether the petitioner’s lack of ownership of the vehicle and clean antecedent merit bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 37(ii)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- confession of co-accused
- clean antecedent
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35280 of 2026
Arising Out of PS. Case No.-96 Year-2022 Thana- ALIPUR District- Gaya
======================================================
Rahul Kumar S/o Rajeshwar Paswan @ Rajesh Paswan R/o Village -
Manikpur Kespa, P.S - Alipur, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 27-05-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Alipur P.S. Case No. 96 of 2022 registered for the offence
punishable under Sections 30(a) and 37(ii) of the Bihar
Prohibition and Excise Act.
3. As per the FIR, on 03.07.2022 at about 9:30 P.M.,
during patrolling, police intercepted a red Maruti Suzuki car
carrying 50 litres of illicit mahua liquor. The driver, co-accused
Kundan Kumar, was apprehended, while Rahul Kumar fled
from the spot. The co-accused disclosed that the liquor had been
loaded into the vehicle at Rahul Kumar’s instance.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
Patna High Court CR. MISC. No.35280 of 2026(2) dt.27-05-2026
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present case. It is further submitted that the seized vehicle
belongs to Kumar Vipul. The implication of the petitioner is
solely based on the confession of co-accused Kundan Kumar.
The petitioner is neither the owner of the vehicle nor connected
with any liquor syndicate allegedly operating in the area. Lastly,
it is submitted that the petitioner has no criminal antecedents
and are ready to abide by all terms and conditions as may be
imposed by this Court while granting the privilege of
anticipatory bail.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioner.
6. Regard being had to the submissions made by the
parties, and taking into consideration the fact that the illicit
liquor has not been recovered from the constructive possession
of the petitioners and further that the petitioners have a clean
antecedent, this Court is inclined to grant anticipatory bail to
the petitioners.
7. Let the petitioners, 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) each
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.35280 of 2026(2) dt.27-05-2026
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Learned Exclusive Special Excise, Court No. 2, Gaya Ji,, in
connection with Alipur P.S. Case No. 96 of 2022, subject to the
condition as laid down under Section 482(2) of the B.N.S.S.,
2023.
(Ajit Kumar, J)
niku/anuj/-
U T
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