Patna High Court
Rajgeer Kumar @ Rajgir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, since the illicit liquor was not recovered from the petitioner's conscious possession and he had a clean antecedent, anticipatory bail was warranted.
Summary
The petitioner, Rajgeer Kumar, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for allegedly engaging in the illegal trade of illicit liquor, with 13.125 litres recovered. He contended that his name was implicated solely because a motorcycle he owned was used by his brother‑in‑law to transport the liquor, and that the liquor was not found in his conscious possession. The Additional Public Prosecutor opposed the petition for anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner’s direct possession and that he had a clean antecedent. Accordingly, the court granted anticipatory bail, directing the petitioner to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions 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 of the case
- Whether the recovery of illicit liquor can be attributed to the petitioner's conscious possession
- Applicability of Section 30(a) of the Bihar Prohibition and Excise Act, 2022 in the present facts
Legislation cited
- Bihar Negotiable Security Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- possession
- Criminal Procedure Code
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42009 of 2026
Arising Out of PS. Case No.-94 Year-2026 Thana- MANIYARI District- Muzaffarpur
======================================================
Rajgeer Kumar @ Rajgir Kumar Son of Vishwanath Ray @ Vishwnath Ray
Resident of Village- Begam Patti @ Begham Patti, Ps- Goraul, Dist- Vaishali
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Arvind Kumar, Advocate
For the Opposite Party : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 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 Maniyari P.S.
Case No.94 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 13.125 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 is the owner of the bike
Patna High Court CR. MISC. No.42009 of 2026(2) dt.01-07-2026
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bearing Registration No. BR06DU- 0435, which was involved
in carrying illegal consignment of liquor. It is submitted that
the co-accused namely, Dharmendra Ray, who is brother-in-
law of petitioner, took the said bike for some personal
work .It is also submitted that the seizure list also appears
doubtful being not supported by independent witnesses
rather by police personnel. 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.42009 of 2026(2) dt.01-07-2026
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learned Exclusive Spl. Judge Excise Court- II, Muzaffarpur,
in connection with Maniyari P.S. Case No.94 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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