Patna High Court
Rahul Kumar @ Ramu Kumar @ Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Rahul Kumar, sought anticipatory bail after learning that he might be arrested in connection with an excise case involving 40 litres of illicit liquor. The prosecution’s case was based solely on the confession of a co-accused, who named the petitioner as an associate, while the liquor was recovered from a motorcycle not owned by the petitioner. The petitioner argued that he had no constructive possession of the liquor and was falsely implicated. The court noted that the recovery was not from the petitioner’s possession and his involvement was alleged only through the co-accused’s statement. Consequently, the court granted anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties, and conditioned it on Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted when the petitioner is implicated solely on the basis of a co-accused's statement and lacks constructive possession of the seized liquor
- Whether the provisions of Section 30(a) of the Bihar Prohibition & Excise Act apply to the petitioner in the present circumstances
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- constructive possession
- false implication
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35308 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Rahul Kumar @ Ramu Kumar @ Vishal Kumar S/O Om Saw @ Om Prakash
Saw Resident of village- Kabiya, ward no- 25, P.s.- Kabiya, District-
Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajnish Chandra, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 27-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Lakhisarai Excise P.S. Case No.114C2 of
2026, F.I.R dated 20.02.2026 registered for the offences
punishable under Sections 30(a) of Bihar Prohibition & Excise
Act.
3. As per the prosecution case, acting on secret
information, the police recovered about 40 liters of illicit
liquor from the possession of the co-accused, who during
interrogation disclosed the name of the present petitioner as his
associate.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.35308 of 2026(2) dt.27-05-2026
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petitioner has been falsely implicated in the present case
merely on the basis of the statement of the apprehended co-
accused. It is next submitted that the recovery has been made
from the motorcycle bearing Regd. No. BR53J1365, which
does not belong to the petitioner and his name has transpired in
this case on the basis of the confession made by the co-accused
Sumit Kumar. It is further submitted that the petitioner has no
concern with the seized liquor. Lastly, it is submitted that the
petitioner has five criminal antecedents of similar nature and is
ready to abide by all the terms and conditions as may be
imposed by this Court while granting the privilege of
anticipatory bail.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Having heard learned counsel for the parties and
considering that the illicit liquor has not been recovered from
the constructive possession of the petitioner and his name has
transpired in this case only on the basis of statement of the co-
accused, let the petitioner, 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) with
Patna High Court CR. MISC. No.35308 of 2026(2) dt.27-05-2026
3/3
two sureties of the like amount each to the satisfaction of
learned District & Additional Sessions Judge- VIIth -cum-
Exclusive Special Judge, Lakhisarai in connection with
Lakhisarai Excise P.S. Case No.114C2 of 2026. subject to the
condition as laid down under Section 482(2) of the B.N.S.S.,
2023.
(Ajit Kumar, J)
rishi/-
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