Patna High Court
Rajnish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, finding no conscious possession of the illicit liquor.
Summary
The petitioner, Rajnish Kumar, was named in an FIR for alleged possession and illegal trade of 241.5 litres of illicit liquor under the Bihar Prohibition and Excise Amendment Act, 2018 and several provisions of the Bhartiya Nyay Sanhita, 2023. He claimed he only escorted the vehicle carrying the liquor and did not have conscious physical possession of the contraband. The State opposed his application for anticipatory bail. The court examined the factual submissions and noted that the liquor was not recovered from the petitioner's conscious possession. Consequently, the court ordered that the petitioner be granted anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties, and to surrender within four weeks, under the conditions of Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. and Section 482(2) B.N.S.S. despite the allegations under the Bihar Prohibition and Excise Amendment Act, 2018 and the Bhartiya Nyay Sanhita, 2023
- Whether the alleged illicit liquor was in the conscious physical possession of the petitioner
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 126(2), 127(2), 132, 190, 324(4), 324(5)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 45
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- excise law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36691 of 2026
Arising Out of PS. Case No.-85 Year-2026 Thana- TEKARI District- Gaya
======================================================
Rajnish Kumar Son of Ajay Kumar Resident of Village- Balwaper, P.S.-
Shakurabad, District- Gaya Ji
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Tekari P.S. Case
No. 85 of 2026 registered for the offences punishable under
Sections 30(a) and 45 of the Bihar Prohibition and Excise
Amendment Act, 2018 and Sections 190, 126(2), 132,
127(2), 115(2), 109(1), 324(4) and 324(5) of the Bhartiya
Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
3. The allegation against the petitioner is to have in
possession of 241.500 litres of illicit liquor and engaged in
illegal trading/manufacturing of illicit liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner alleged to act as a liner
Patna High Court CR. MISC. No.36691 of 2026(2) dt.16-06-2026
2/3
as to escort the vehicle carrying consignment of illicit
liquor. It is pointed out that admittedly the petitioner was
not connected in any manner either with the truck or with
the recovered illicit liquor. It is further submitted that
alleged illicit liquor was not recovered from conscious
physical possession of this petitioner. While explaining
criminal antecedent of the petitioner, it is submitted that
petitioner found involved in one more case of similar nature
in which he is on bail.
5. Learned A.P.P. for the State has opposes the prayer
for anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and
by taking note of the fact as recovery of illicit liquor prima-
facie not appears to be made from conscious physical
possession of this petitioner, accordingly, above-named
petitioner, in the event of his arrest/surrender within a
period of four weeks from this order, is directed to be
enlarged on bail on furnishing of bail bond of Rs.10,000/-
(ten thousand only) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise,
Court No. 2, Gaya Ji/concerned court in connection with
Patna High Court CR. MISC. No.36691 of 2026(2) dt.16-06-2026
3/3
Tekari P.S. Case No. 85 of 2026, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C/Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short
“B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.