Patna High Court
Rudal Sah @ Rudar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, in the absence of physical possession and given the petitioner's clean antecedent, anticipatory bail was warranted.
Summary
The petitioner, Rudal Sah, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for alleged illegal manufacture and trade of illicit liquor, with 21.2 litres recovered. He contended that he neither owned the motorcycle from which the liquor was seized nor was present at the spot, asserting that his inclusion was based solely on suspicion and village politics, and that he has a clean antecedent. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined the factual submissions and noted that the liquor was not recovered from the petitioner's physical possession. Consequently, the court directed that the petitioner be released on anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner’s alleged involvement, based solely on suspicion, suffices for continued detention.
- Whether the recovery of illicit liquor constitutes possession by the petitioner.
- Applicability of Section 438(2) CrPC and Section 482(2) BNSS in granting bail.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Code of Criminal Procedure (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- bail jurisprudence
- suspicions and political victimisation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41909 of 2026
Arising Out of PS. Case No.-74 Year-2026 Thana- PHULWARIYA District- Gopalganj
======================================================
Rudal Sah @ Rudar Sah Son of Hari Sah Resident of Village - Rajpur Jhaki,
P.S. - Shreepur, District - Gopalganj.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party : Mr. Arun Kumar Singh, 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 named in the FIR and
apprehending his arrest in connection with Phulwaria P.S.
Case No.74 of 2026 registered under Section 30(a) of Bihar
Prohibition and Excise Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 21.2 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed solely on
the basis of suspicion. It is also submitted that the petitioner
Patna High Court CR. MISC. No.41909 of 2026(2) dt.30-06-2026
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is neither the owner of the motorcycle nor the petitioner was
present at the spot from where the alleged liquor was
recovered. It is also argued that the name of petitioner has
been implicated in the present case due to village party
politics. 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
learned Court of District and Additional Sessions Judge- XII-
cum-Special Excise Court No. I, Gopalganj, in connection
Patna High Court CR. MISC. No.41909 of 2026(2) dt.30-06-2026
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with Phulwaria P.S. Case No.74 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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