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Patna High Court

Rahul Kumar @ AmitversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused for both petitioners.

Summary

The petitioners, Rahul Kumar and Kundan Kumar, sought anticipatory bail in a case (Arwal PS Case No. 129 of 2026) involving alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2022, where 43.875 litres of illicit foreign liquor was seized from a third party's house. The petitioners argued that no incriminating material was found in their possession and that they were implicated only on suspicion. The State opposed the bail, highlighting that petitioner No.1 has two prior criminal convictions and petitioner No.2 has three. The Court considered the seriousness of the offence and the petitioners' criminal antecedents. Consequently, the Court refused the prayer for anticipatory bail.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under the circumstances of the case
  • Whether the petitioners' criminal antecedents preclude the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • criminal antecedents
  • Section 30(a)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45187 of 2026
                          Arising Out of PS. Case No.-129 Year-2026 Thana- Arwal District- Arwal
                 ======================================================
           1.     Rahul Kumar @ Amit Son of Shiv Bihari Mahto @ Shiv Bihar Singh
                  Resident of Village- Muradpur Hujara, P.S. and District- Arwal.
           2.    Kundan Kumar Son of Saheb Dayal Resident of Village Baidrabad, P.S. and
                 District- Arwal.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Paras Nath, Advocate
                                                   Mr. Mukesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-07-2026                      Heard learned counsel for the petitioners and the

                   State.

                                 2. Petitioners apprehend arrest in Arwal P.S. Case No.

                   129 of 2026, registered for the offence punishable under Section

                   30(a) of the Bihar Prohibition and Excise Act, 2022.

                                 3. As per prosecution case, total 43.875 liters of illicit

                   foreign liquor was recovered from house of one Ritesh Kumar.

                                 4. Learned counsel for the petitioners submit that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioners have got no concern

                   with the alleged recovery and they have been made accused in

                   this case only on suspicion.
           Patna High Court CR. MISC. No.45187 of 2026(2) dt.09-07-2026
                                                       2/2




                                  5. Learned A.P.P. for the State opposes the prayer for

                     bail and submits that petitioner no. 1 has got two criminal

                     antecedents and petitioner no. 2 has got three criminal

                     antecedents.

                                  6. Considering the nature of the accusation and

                     criminal antecedents of the petitioners, prayer for anticipatory

                     bail of the petitioner is refused.



                                           (Prabhat Kumar Singh, J)
Alok/Sanjay-

U      T


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