Patna High Court
Rahul Kumar @ Rahul Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
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/-
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