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Patna High Court

Rakesh Chaudhary @ Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                         438(2) of the CrPC/under Section 482(2) of the BNSS.



                                               (Chandra Shekhar Jha, J)
aniket/-

U          T


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