Patna High Court
Rajkumar Sah @ Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Petitioner Rajkumar Sah sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 160 litres of illicit liquor seized from two motorcycles and 540 litres recovered from a spot. The prosecution alleged his involvement, but the petitioner argued that no incriminating material was found in his conscious possession, he was neither the driver nor the owner of the vehicles, and he had a clean antecedent. The State opposed the bail application. The High Court, considering the nature of the accusation, the place of recovery, and the petitioner's clean record, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directed that if arrested within eight weeks, the petitioner be released on bail on compliance with the stipulated conditions.
Issues considered
- What is the appropriate exercise of discretion by the court in granting anticipatory bail in a case of alleged illicit liquor possession under the Bihar Prohibition and Excise Act?
- Whether the petitioner’s lack of direct possession, ownership, and clean antecedent justify the grant of anticipatory bail despite the seriousness of the offence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43119 of 2026
Arising Out of PS. Case No.-284 Year-2026 Thana- RIVILGANJ District- Saran
======================================================
Rajkumar Sah @ Raj Kumar S/o Late Krishna Sah R/o vill- Newaji Tola,
Dharmshala Adda No 2, PS- Rivilganj, Revelganj, Revilganj, Dist- Saran at
Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Ms. Meena Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 160 litres illicit liquor was
recovered from two different seized motorcycles and 540 liters
illicit liquor was recovered from the spot.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from the conscious
possession of the petitioner. Petitioner is neither driver nor
owner of the vehicles in question. Petitioner has got no concern
with the alleged recovery and he has been made accused in this
case merely on suspicion. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.43119 of 2026(2) dt.01-07-2026
2/2
5. Learned A.P.P. for the State opposed the bail
application.
6. Considering nature of accusation, place of recovery
and clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Court of Special
Judge Excise, 2nd , Saran at Chapra in connection with Rivilganj
P. S. Case No. 284 of 2026, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Prabhat Kumar Singh, J)
Navya/Sanjay-
U T
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