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Patna High Court

Rajnish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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