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Patna High Court

Rahul Kumar @ Rahul Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding no prima facie evidence of conscious possession of the illicit liquor.

Summary

The petitioner, Rahul Kumar, was implicated in a case (Minapur P.S. Case No. 148 of 2026) for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, after 226.260 litres of foreign liquor were recovered from a pick‑up van. The petitioner contended that he had no connection with the vehicle (registration No. BR06GG‑3774) or the seized liquor and that the recovery was based merely on a suspicion raised by a local watchman. The Additional Public Prosecutor opposed the bail application, arguing the seriousness of the offence. The court examined whether the petitioner was in conscious physical possession of the contraband and found that the prima facie evidence did not establish such possession. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to the conditions of Section 482(2) of the BNSS. The order was directed to be complied with by the Exclusive Special Excise Court, Muzaffarpur.

Issues considered

  • Whether the petitioner is entitled to bail despite the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the recovery of illicit liquor establishes conscious physical possession by the petitioner
  • Applicability of Section 482(2) of the BNSS in granting bail

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • possession
  • Section 482(2) BNSS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36686 of 2026
                    Arising Out of PS. Case No.-148 Year-2026 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Rahul Kumar @ Rahul Kumar Singh S/o Lalbabu Singh R/o vill - Piparahan
                 Asli, P.S.- Minapur, Distt.- Muzaffarpur.
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar.
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Mr.Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-06-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                2. The accused/petitioner apprehending his arrest in

                   connection with Minapur P.S. Case No. 148 of 2026 registered

                   for the offences punishable under Section 30(a)                  of the Bihar

                   Prohibition and Excise Act.

                                3. The allegation against the petitioner is to be

                   engaged in illegal trading/manufacturing of illicit liquor, where,

                   there is recovery of 226.260 litres of IMFL/foreign liquor from

                   the Pick Up Van.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is neither connected with

                   Pick Up Van bearing registration No. BR06GG-3774, which
              Patna High Court CR. MISC. No.36686 of 2026(2) dt.08-06-2026
                                                          2/2




                        alleged to involved in carrying the consignment of illicit liquor nor

                        with recovered illicit liquor itself. It is pointed out that the

                        petitioner implicated with present recovery out of suspicion raised

                        by local chaukidar. It is pointed out that petitioner found involved

                        in two more criminal cases, where he is on bail.

                                     5. Learned APP opposed the prayer of bail.

                                     6. In view of aforesaid factual submission and by

                        taking note of fact as recovery of illicit liquor prima facie not

                        appears to be made from the conscious physical possession of

                        this petitioner, accordingly, above named petitioner, in the event

                        of his arrest or surrender before the learned trial Court, within a

                        period of four weeks of the order, is directed to be released on

                        bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                        with two sureties of the like amount each to the satisfaction of

                        the     learned      Exclusive      Special      Excise   Court   No.   I,

                        Muzaffarpur/concerned Court, where the case is pending in

                        connection with Minapur P.S. Case No. 148 of 2026, subject to

                        the conditions as laid down under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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