Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
In the absence of any material establishing the petitioner's possession or participation, the court granted anticipatory bail.
Summary
The petitioner, Rakesh Kumar, was implicated in an excise case for alleged illegal manufacture and trade of illicit liquor after 66 litres were recovered from a bike he owned. He was not named in the FIR and the prosecution offered no material showing his conscious possession or involvement. The petitioner, a man of clean antecedent, applied for anticipatory bail, arguing that ownership of the vehicle alone does not establish guilt. The Additional Public Prosecutor opposed the bail. The court observed that the seizure did not prima facie link the petitioner to the liquor and, considering his clean record, directed that he be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted when the petitioner is not named in the FIR and no material links him to the seized illicit liquor.
- Whether ownership of the vehicle from which liquor was recovered is sufficient grounds for arrest.
- Applicability of Section 438(2) CrPC and Section 482(2) BNSS in granting anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 32(3)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- excise law
- seizure
- clean antecedent
- vehicle ownership
- Section 438 CrPC
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44739 of 2026
Arising Out of PS. Case No.-768 Year-2026 Thana- Excise P.S. District- Sitamarhi
======================================================
Rakesh Kumar, Son of Nagendra Mahto, R/o Vill- Radhaur, Ward no. 10 , P.S-
Sursand, Dist -Sitamarhi
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Kumar, Advocate
For the Opposite Party/s : Mrs. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 07-07-2026 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 Excise
Sitamarhi P.S. Case No.768 of 2026 registered under
Sections 30(a) and 32(3) of the Bihar Prohibition and Excise
(Amendment) Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 66 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
Patna High Court CR. MISC. No.44739 of 2026(2) dt.07-07-2026
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a Bike bearing Registration No. BR-30AN-8258. It is further
submitted that the petitioner’s name has been surfaced in
the present case solely on the ground that he is the
registered owner of the seized vehicle, and not on the basis
of any material demonstrating his conscious possession,
involvement or complicity in the alleged offence. It is also
pointed out that seizure list appears doubtful being not
supported by independent witnesses rather than by police
personnel. The 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 fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
man of clean antecedent, 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.44739 of 2026(2) dt.07-07-2026
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learned Exclusive Special Excise Court No.-II, Sitamarhi in
connection with Excise Sitamarhi P.S. Case No.768 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.)
Raushan/-
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