Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Rahul Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 154.5 litres of illicit foreign liquor was seized from co-accused Vivek Kumar, who named the petitioner. The petitioner argued he had no incriminating material in his possession, no prior similar offences, and was implicated solely on the co-accused's statement. The State opposed the bail, contending the seriousness of the offence. The Court examined the lack of direct evidence against the petitioner and the nature of the accusation, concluding that anticipatory bail was appropriate. Consequently, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the only evidence is the co-accused's statement.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- illicit liquor
- co-accused testimony
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39567 of 2026
Arising Out of PS. Case No.-958 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Rahul Kumar son of Arjun Yadav Resident of village- Kaldih (Kaldih) Ps-
Parasbigha, Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Uday Kumar, Advocate
For the State : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 154.500 liters illicit
foreign liquor was recovered from the room of co-accused
Vivek Kumar who disclosed the name of this petitioner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. No incriminating article has been
recovered from conscious possession of this petitioner and he
has falsely been implicated in this case merely on the basis of
disclosure made by apprehended co-accused person. Save and
Patna High Court CR. MISC. No.39567 of 2026(2) dt.23-06-2026
2/2
except confessional statement, there is no material on record to
show the complicity of this petitioner in the alleged occurrence.
Petitioner has got no criminal antecedent of similar nature.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, nature of accusation and the fact that no incriminating
article has been recovered from conscious possession of this
petitioner, the prayer for grant of anticipatory bail to the
petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Excise Judge 1st,
Jehanabad in connection with Makhdumpur P.S. Case No. 958
of 2025, subject to condition as laid down under Section 482(2)
of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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