Patna High Court
Rajeev Kumar @ Rajeev SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- 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
- 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
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