Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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
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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
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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/-
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