Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
Since no incriminating article was recovered from the petitioners and the alleged liquor was found in a public place, the court granted anticipatory bail under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioners, Rakesh Kumar and Nitish Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 650 litres of illicit country‑made liquor recovered from an open place. The prosecution alleged their involvement, but no liquor or other incriminating article was found in their conscious possession, and they claimed innocence. The State opposed the bail, arguing the seriousness of the offence and a prior similar case for which the petitioners were already on bail. The Court noted the absence of any material linking the petitioners directly to the seized liquor and considered the open‑place recovery insufficient to justify denial of bail. Consequently, the Court granted anticipatory bail, directing that if arrested within eight weeks the petitioners be released on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the lack of incriminating material in the petitioners' possession justifies the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal Procedure Code
- Section 482(2)
- illicit liquor
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39612 of 2026
Arising Out of PS. Case No.-823 Year-2025 Thana- MASAUDHI District- Patna
======================================================
1. Rakesh Kumar S/o Ramakabal Kumar @ Ram Akawal Kumar @ Arvind @
Arvind Yadav Resident of Village - Badaroi, P.S. - Lahasuna, District -
Patna.
2. Nitish Kumar S/o Late Naresh Yadav Resident of Village - Badaroi, P.S. -
Lahasuna, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Sheonandan Pandit, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-06-2026 Heard Mr. Sheonandan Pandit, learned counsel
appearing on behalf of the petitioners and Mr. Umeshanand
Pandit, learned A.P.P. appearing on behalf of the State.
2. The petitioners apprehend their 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, 650 liters illicit country
made liquor was recovered from an open place.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. No incriminating article has been
recovered from conscious possession of these petitioners and
they have falsely been implicated in this case merely on
Patna High Court CR. MISC. No.39612 of 2026(2) dt.23-06-2026
2/2
suspicion. The alleged illicit liquor has been recovered from an
open place, which is accessible to one and all. Petitioners have
got one criminal antecedent of similar nature in which they are
already on bail.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the nature of accusation and the fact
that no incriminating article has been recovered from conscious
possession of these petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Special Judge 3 rd
Excise Act, Patna in connection with Masaurhi P.S. Case No.
823 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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