Created by Fuzzy Cloud

Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner as the recovery of illicit liquor was not made from his physical possession and he has a clean antecedent.

Summary

The petitioner, Rahul Kumar, was named in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of illicit liquor, based solely on the recovery of a SIM card linked to him. He contended that his SIM was lost and he had no physical possession of the seized liquor, asserting a clean antecedent and no presence at the seizure site. The Additional Public Prosecutor opposed his anticipatory bail. The court examined the lack of direct possession and the petitioner’s clean record, finding insufficient grounds to deny bail. Consequently, the court directed that the petitioner be released on bail upon surrender within four weeks, subject to a bond and sureties, invoking Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order effectively granted anticipatory bail to the petitioner.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the petitioner’s name can be linked to the alleged offence solely on the basis of a recovered SIM card.
  • Whether the lack of physical possession of illicit liquor by the petitioner warrants bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • FIR
  • possession

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.41833 of 2026
                         Arising Out of PS. Case No.-56 Year-2026 Thana- Piplawa District- Patna
                 ======================================================
                 Rahul Kumar Son of Indu Manjhi Resident of Village -Kharuna Police
                 Station- Naubatpur, Dist- Patna

                                                                                       ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :          Mr. Dr. Manoj Kumar, Advocate
                 For the Opposite Party :          Mr. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   30-06-2026                 Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The accused/petitioner is not named in the FIR

                   and apprehending his arrest in connection with Piplawan P.S.

                   Case No.56 of 2026 registered under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                               3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 22.5 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that the name of petitioner arrayed solely for

                   the reason that the petitioner’s registered sim card                            was
Patna High Court CR. MISC. No.41833 of 2026(2) dt.30-06-2026
                                            2/3




          recovered from the place where alleged liquor was seized. It

          is also submitted by petitioner that the mobile phone of

          Petitioner was lost on the road on the date of occurrence. It

          is also submitted that petitioner is not in any way connected

          with the present case and also the petitioner was not present

          at the spot where alleged liquor was seized. It is also

          submitted that recovery of illicit liquor was not made from

          conscious possession of this petitioner. Petitioner claimed

          clean antecedent.

                       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, who is a man of clean antecedent, 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 the
            Patna High Court CR. MISC. No.41833 of 2026(2) dt.30-06-2026
                                                        3/3




                      learned Exclusive Special Excise Judge, Danapur(Patna), in

                      connection with Piplawan P.S. Case No.56 of 2026, subject

                      to the conditions as laid down under Section 438(2) of the

                      CrPC/under Section 482(2) of the BNSS


                                                      (Chandra Shekhar Jha, J.)

Aniket/-
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.