Patna High Court
Rakesh Chaudhary @ Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the recovery of illicit liquor was not prima facie from the petitioner's possession.
Summary
The petitioner, Rakesh Chaudhary, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, with 75 litres of liquor recovered. He contended that his name was recorded solely based on a chowkidar's disclosure and that the liquor was seized from an open area, not from his personal possession. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's conscious possession. Consequently, the court directed that the petitioner be released on bail, subject to a bond of Rs.10,000 with two sureties and conditions under CrPC Section 438(2) and Section 482(2) of the BNSS. The bail was to be effected within four weeks of the order.
Issues considered
- What is the applicability of anticipatory bail when the seized illicit liquor is not in the petitioner's conscious possession?
- Whether the allegations under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- prohibition law
- Section 30(a)
- bail bond
- possession
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40801 of 2026
Arising Out of PS. Case No.-1255 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Rakesh Chaudhary @ Rakesh Kumar Son of Late Surendra Chaudhary @
Khalo Chaudhary Resident of village- Bhadeja P.S- Muffasil District -Gayaji.
... ... Petitioner/
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Ramashish, Advocate
For the Opposite Party : Mr.Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Mufassil P.S.
Case No.1255 of 2025 registered under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 75 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioiner arrayed solely on
Patna High Court CR. MISC. No.40801 of 2026(2) dt.24-06-2026
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the basis of disclosure made by the local chowkidar. It is
submitted that the recovery of illicit liquor was made from
open place easily accessible by general public and not from
the conscious conscious possession of this petitioner.
Explaining criminal antecedent, it is submitted that the
petitioner found involved in two more criminal cases, where
he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise, Court No. 1,
Gayaji in connection with Mufassil P.S. Case No.1255 of
2025, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.40801 of 2026(2) dt.24-06-2026
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438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
aniket/-
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