Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioner, finding no sufficient evidence of his knowledge or participation in the smuggling offence.
Summary
The petitioner, Rahul Kumar, sought pre‑arrest bail in a case where 360 litres of smuggled Nepali liquor were recovered from a vehicle registered in his name. The prosecution alleged violations of Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act. The petitioner contended that he was unaware of the vehicle's misuse and that the only link to him was a confessional statement by the driver, Navin Kumar. The State opposed bail, but the court noted the lack of direct evidence of the petitioner's knowledge and the reliance on the co‑accused’s confession. Consequently, the court granted pre‑arrest bail subject to a bond and sureties, and directed the petitioner’s transfer to a rehabilitation centre for health reasons.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the recovery of illicit liquor from his vehicle.
- Whether the confessional statement of the co‑accused suffices to establish the petitioner's knowledge or participation in the offence.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor smuggling
- Bihar Prohibition and Excise Act
- confessional statement
- vehicle misuse
- rehabilitation centre
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8339 of 2026
Arising Out of PS. Case No.-1409 Year-2025 Thana- Excise P.S. District- Sitamarhi
======================================================
Rahul Kumar (M) aged about- 25 Yrs, Son of Ram Ishwar Singh, resident of
Village - Lauhadiah, Ward no - 07, P.S.- Dumra, District -Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Kumar, Advocate
For the Opposite Party/s : Mrs. Asha Devi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Mr. Devendra Kumar, learned counsel
appearing on behalf of the petitioner and Mrs. Asha Devi,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Sitamarhi Excise P.S. Case No. 1409 of 2025 registered for
the offence punishable under Sections 30 (a) and 32 (c) of the
Bihar Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 360 litres of Nepali
Saufi smuggled liquor from a vehicle bearing Registration No.
BR-30P-2200 registered in the name of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in the present case. The name of the petitioner has surfaced on
the basis of confessional statement made by co-accused (driver)
Patna High Court CR. MISC. No.8339 of 2026(2) dt.17-02-2026
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Navin Kumar. Petitioner has no concern with the alleged seized
liquor nor he is involved in trade or manufacturing of illicit
liquor in any manner. The petitioner had no knowledge that his
vehicle is being misused for carrying illicit liquor. Petitioner
denied his complicity in the alleged offence. On these grounds,
petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that the name of the petitioner
has surfaced on the basis of confessional statement made by co-
accused (driver) Navin Kumar, the petitioner had no knowledge
that his vehicle is being misused for carrying illicit liquor and
the State has failed to implement its liquor policy in its true
spirit, the petitioner, above named, is directed to be released on
pre-arrest bail, in the event of his/her arrest or surrender before
the learned District Court 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 the learned District Court where the case is
pending, in connection with Sitamarhi Excise P.S. Case No.
1409 of 2025, subject to the condition as laid down under
Patna High Court CR. MISC. No.8339 of 2026(2) dt.17-02-2026
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Section 482(2) of the BNSS.
7. The State must ensure that the petitioner is taken to
Rehabilitation Centre for proper care of his health and to save
young generation of the State of Bihar, who have fallen in
trade/consumption of illicit liquor containing Urea, which is
injurious to health.
8. Let a copy of this order be communicated to the
Chief Secretary, Government of Bihar, as well as, the
Superintendent of Police and District Magistrate of the
concerned district.
9. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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