Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The court granted anticipatory bail to the petitioner.

Summary

Rahul Kumar sought anticipatory bail after the police, relying on secret information and local testimony, implicated him in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, for allegedly storing illicit liquor. The FIR alleged that liquor was recovered from a field and an empty shop, neither of which belonged to the petitioner. The petitioner argued that the recovery was not from his premises and that the basis of the accusation was tenuous. The court examined the facts and noted that the liquor was seized from open and public spaces, not the petitioner’s property. Consequently, the court granted anticipatory bail, subject to a bond of Rs.10,000 and two sureties, under Section 482(2) of the B.N.S.S. 2023.

Issues considered

Whether anticipatory bail can be granted when the alleged contravention is based solely on secret information and recovery of liquor from premises not owned by the petitioner

Legislation cited

B.N.S.S., 2023 — s. 482(2)

Subjects

anticipatory bail
illicit liquor
Section 30(a)
Section 482(2)
Bihar Prohibition and Excise Amendment Act
B.N.S.S. 2023
secret information
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8016 of 2026
                   Arising Out of PS. Case No.-72 Year-2025 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Rahul Kumar Son of Bhushan Rai Resident of Village - Semaraha, P.S. -
                 Rajepur, Dist. - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :       Mr.Abhishek Kumar

                 For the Opposite Party/s :       Mr.Sanjay Kumar Pandey

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026         1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   Rajepur P.S. Case No. 72 of 2025 dated 09.04.2025 registered

                   under Section 30(a) of the Bihar Prohibition and Excise

                   Amendment Act, 2022.

                       3. As per the first information report on 09.04.2025 the

                   Police got secret information that the petitioner along with other

                   accused persons have kept illicit liquor in a shop and poultry

                   farm, proceeded towards the place of occurrence and upon

                   seeing the police party all the four accused persons succeeded in

                   fleeing away. The local people assembled there disclosed the

                   name of the petitioner and other accused persons. Police
Patna High Court CR. MISC. No.8016 of 2026(2) dt.17-02-2026
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          recovered 140.4 liters of foreign liquor from the field and

          329.25 liters of foreign liquor from empty shop.

              4.   Learned counsel for the petitioner submits that petitioner

          has been implicated in this case on the basis of secret

          information and disclosure of his name by the local people. The

          recovery of liquor has not been made from the premises

          belonging to the petitioner. 140.4 liters of foreign liquor has

          been recovered from a field which is an open space accessible to

          all and sundry and 329.25 liters of foreign liquor has been

          recovered from an empty shop not belonging to the petitioner.

              5. Regard being had to the submission made by the parties,

          taking into consideration the fact that liquor has been recovered

          from an open space as well as empty shop accessible for

          everyone and not from the premises owned by the petitioner,

          accordingly, I am inclined to grant anticipatory bail to the

          petitioner.

              6. Let the petitioner, above named, be released on

          anticipatory bail in the event of arrest or surrender before the

          court below within a period of four weeks from today on

          furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

          two sureties of the like amount each to the satisfaction of

          Exclusive Special Excise Court No. -3, Motihari, East
               Patna High Court CR. MISC. No.8016 of 2026(2) dt.17-02-2026
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                         Champaran in connection with Rajepur P.S. Case No. 72 of

                         2025 subject to the condition as laid down under Section 482 (2)

                         of the B.N.S.S. 2023.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T

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