Created by Fuzzy Cloud

Patna High Court

Rajeev Kumar @ Rajeev SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail is appropriate as no incriminating article was found in the petitioners' possession.

Summary

The petitioners, Rajeev Kumar and Aman Kumar, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 173 litres of illicit liquor was recovered from an open place. They contended that no liquor was found in their conscious possession and that the allegation was based solely on a chowkidar's statement, asserting their innocence. The State opposed the bail, arguing the seriousness of the offence. The Court noted the absence of any incriminating article from the petitioners' possession and considered the nature of the accusation, granting anticipatory bail. The order directed that, if arrested within eight weeks, each petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted when no incriminating article is recovered from the petitioners' conscious possession.
  • Whether the allegations under Section 30(a) of the Bihar Prohibition and Excise Act justify denial of anticipatory bail.
  • Whether Section 482(2) of the B.N.S.S. can be invoked to impose bail conditions in this case.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • illicit liquor
  • bail bond
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39725 of 2026
                        Arising Out of PS. Case No.-182 Year-2026 Thana- RIGA District- Sitamarhi
                 ======================================================
           1.     Rajeev Kumar @ Rajeev Sah S/o Dharikshan Sah Resident of Village-
                  Rampur Gangauli, P.S.- Riga, District - Sitamarhi
           2.    Aman Kumar S/o Indrajeet Singh Resident of Village- Rampur Gangauli,
                 P.S.- Riga, District - Sitamarhi

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners      :        Mr. Ashok Kumar Jha, Advocate
                 For the State            :        Ms. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-06-2026                  Heard learned counsel appearing on behalf of the

                   petitioners and 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, in total, 173 liters illicit

                   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 the basis

                   of disclosure made by local chowkidar. The alleged illicit liquor
             Patna High Court CR. MISC. No.39725 of 2026(2) dt.24-06-2026
                                                         2/2




                       has been recovered from an open place, which is accessible to

                       one and all. Petitioner No. 1 has got one criminal antecedent of

                       similar nature in which he is already on bail and Petitioner No. 2

                       has got no criminal antecedents.

                                    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 Exclusive

                       Excise Court No.-I, Sitamarhi in connection with Riga P.S. Case

                       No. 182 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.