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Patna High Court

Rahul Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail is warranted given the petitioner’s clean antecedents, lack of incriminating possession, and the nature of the accusation, and therefore granted bail under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Rahul Kumar Chaudhary, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 31.92 litres of illicit foreign liquor and a motorcycle were seized and a co‑accused named him. He contended that he was neither the owner nor driver of the vehicle, no incriminating article was found in his possession, and he had a clean record. The State opposed his request for anticipatory bail. The High Court, noting the nature of the accusation, the absence of any seized material from the petitioner and his clean antecedents, granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The order directs that if arrested within eight weeks, the petitioner be released on bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s lack of possession of incriminating material and clean antecedents justify bail despite the co‑accused’s statement.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • illicit liquor
  • clean antecedents
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39722 of 2026
                       Arising Out of PS. Case No.-29 Year-2026 Thana- Karnamepur District- Bhojpur
                 ======================================================
                 Rahul Kumar Chaudhary S/O Late Om prakash Choudhary @ Late Om
                 Prakash Chaudhary R/O Village- Suhiya, P.S.- Karnamepur, Distt.- Bhojpur.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Shiv Prasad Gupta, Advocate
                 For the State            :        Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-06-2026                  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, 31.92 liters illicit foreign

                   liquor was recovered from the spot and seized motorcycle.

                   Apprehended co-accused disclosed the name of this petitioner.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.

                   Petitioner is neither owner nor driver of the vehicles in question.

                   No incriminating article has been recovered from conscious

                   possession of this petitioner and has been made an accused in

                   this case merely on the basis of confessional statement of co-
             Patna High Court CR. MISC. No.39722 of 2026(2) dt.24-06-2026
                                                         2/2




                       accused person. Petitioner claims clean antecedents.

                                     5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of anticipatory bail to the

                       petitioner.

                                     6. Considering the nature of accusation, fact that no

                       incriminating article has been recovered from conscious

                       possession of this petitioner and clean antecedents, 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 Exclusive Special Excise

                       Court No. 2nd, Bhojpur at Ara in connection with Karnamepur

                       P.S. Case No. 29 of 2026, 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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