Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, as the recovery of liquor was not shown to be from his possession.
Summary
The petitioner, Rahul Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, with 8,636.76 litres seized from a truck and two pickups belonging to co‑accused Deep Narayan Singh. The petitioner contended that he neither owned the seized vehicles nor had any conscious possession of the liquor, asserting that the only basis for his inclusion was the testimony of a local chowkidar and that the seizure list lacked independent corroboration. The Additional Public Prosecutor opposed the petitioner's request for anticipatory bail, arguing the seriousness of the offence. The Court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's physical possession, finding insufficient grounds to deny bail. Consequently, the Court directed that the petitioner be released on anticipatory bail, subject to a bail bond of Rs 10,000 with two sureties and compliance with conditions under Section 482(2) of the CrPC, provided he surrenders within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner had actual possession or control over the seized illicit liquor.
- Whether the evidence presented is sufficient to justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- Section 30
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45545 of 2026
Arising Out of PS. Case No.-252 Year-2026 Thana- BIDUPUR District- Vaishali
======================================================
Rahul Kumar Son of Pintu Rai @ Alok Kumar R/O Village - Gopalpur
Chaknai, P.S.- Bidupur, District - Vaishali
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ravish Mishra, Adv.
For the Opposite Party : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 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 Bidupur P.S. Case
No.252 of 2026 registered under Section 30(a) Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 8636.76 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that recovery of alleged illicit liquor was made
from a truck and two pickup vans which were parked outside
Patna High Court CR. MISC. No.45545 of 2026(2) dt.10-07-2026
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brick-klin of the co-accused, namely, Deep Narayan Singh. It
is also submitted name of petitioner arrayed solely on the
disclosure made by the local chowkidar. It further submitted
that the petitioner is neither the owner of any of the seized
vehicles nor is he in any way connected with the co-accused
persons and it can be safely said that recovery of illicit liquor
was not made from conscious possession of this petitioner. It
is also submitted that the seizure list also appears doubtful
being not supported by independent witnesses rather than by
police personnel. Explaining criminal antecedent, it is
submitted that the petitioner found involved in one criminal
case, where he is on bail.
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, 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
Patna High Court CR. MISC. No.45545 of 2026(2) dt.10-07-2026
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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 Exclusive Special Court No. 1-
cum- district and Additional Sessions Judge, Vaishali at
Hajipur, in connection with Bidupur P.S. Case No.252 of
2026, subject to the conditions as laid down under Section
482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
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