Patna High Court
Rahul Kumar @ Rahul Yadav @ Rahul YadabversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Rahul Kumar, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, with 18.75 litres of liquor recovered. The recovery was made from a hut and not from the petitioner's physical possession, and he claimed a clean antecedent. The State opposed his bail application. The court noted the lack of direct possession and, applying Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, provided he surrenders within four weeks. The bail was conditioned on compliance with the trial court and the Exclusive Special Excise Court-1, Darbhanga.
Issues considered
- Whether bail should be granted when the alleged illicit liquor was not recovered from the petitioner's physical possession.
- Whether the petitioner is likely to flee or tamper with evidence, justifying denial of bail under Section 438 Cr.P.C.
Legislation cited
- Bihar Narcotic and Substance Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 30(d)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illicit liquor
- prohibition
- excise
- Section 30
- Cr.P.C. 438
- BNSS 482
- physical possession
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45709 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- Sonki District- Darbhanga
======================================================
Rahul Kumar @ Rahul Yadav @ Rahul Yadab Son of BIrbahadur Yadav
Resident of Village- Madhopur Jakauli, P.S.- Bahera, Dist.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Sonki P.S. Case
No.47/2026 registered for the offences punishable under
Sections 30 (a) and 30(d) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engage in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 18.750 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor was made from
the hut, and admittedly same was not recovered from the
conscious physical possession of this petitioner, who is a man of
clean antecedent.
5. Learned APP, opposes the prayer for bail.
Patna High Court CR. MISC. No.45709 of 2026(2) dt.10-07-2026
2/2
6. In view of aforesaid factual submission and by
taking note of fact as recovery of illicit liquor prima-facie not
appears to be made from the physical possession of this
petitioner, accordingly the petitioner above named, in the event
of his arrest or surrender before the learned trial court within a
period of four weeks, is directed to be released on bail, furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court-1, Darbhanga/concerned trial court
where the case is pending in connection with Sonki P.S. Case
No.47/2026 subject to the conditions as laid down under Section
438(2) of the Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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