Patna High Court
Rudal SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail should be granted.
Summary
The petitioner, Rudal Sah, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 909 litres of country‑made liquor were seized from a Bolero vehicle. The prosecution alleged his involvement, but he was neither the driver nor the owner and was implicated solely on the testimony of a co‑accused. He applied for anticipatory bail, arguing that no incriminating material was found in his possession. The State opposed the bail application. The Court, after considering the facts, 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, directing that if arrested within eight weeks he be released on bail.
Issues considered
- Whether anticipatory bail should be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in the present circumstances
- Whether the petitioner’s alleged involvement, based solely on a co‑accused’s disclosure, warrants denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 30
- Section 482
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72182 of 2025
Arising Out of PS. Case No.-115 Year-2025 Thana- BHORE District- Gopalganj
======================================================
Rudal Sah S/O Subhash Sah R/O Khushihal Pur Chhapar,P.S- Bhore,Dist-
Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepankar Raj, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 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, 909 litres country made
liquor was recovered from the seized Bolero vehicle.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is neither driver nor
owner of the vehicle in question and he has been made accused
in this case only on the disclosure made by one co-accused.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.72182 of 2025(2) dt.05-02-2026
2/2
of the case, 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 Additional District &
Sessions Judge-XIII-cum-Special Excise Court No. I, Gopalganj
in connection with Bhore P. S. Case No. 115 of 2025, subject to
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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