Patna High Court
Rahul Kumar @ Rahul SharmaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Rahul Kumar, was implicated in a case (Pasraha P.S. Case No. 245 of 2025) for alleged possession of 10 litres of country‑made liquor recovered from a house he jointly occupied, alleged under Section 30(a) of the Bihar Prohibition and Excise Act (Amended) 2022. He contended that he was not present at the premises, had no conscious possession of the liquor, is physically disabled, and has a clean criminal record. The State opposed his anticipatory bail, arguing that the liquor was recovered from his house. The High Court, considering the petitioner’s lack of presence, clean antecedents, and the circumstances, granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The application was allowed, releasing the petitioner from immediate arrest.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged possession of liquor under the Bihar Prohibition and Excise Act.
- Whether the recovery of liquor from a jointly occupied house makes the petitioner liable despite his absence.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- liquor possession
- criminal procedure
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8719 of 2026
Arising Out of PS. Case No.-245 Year-2025 Thana- PASRAHA District- Khagaria
======================================================
Rahul Kumar @ Rahul Sharma S/O Ram Balak Sharma R/O Village- Deotha,
P.S.- Pasraha, DIstt.- Khagaria.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Singh
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Pasraha P.S. Case No. 245 of 2025 registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act (Amended), 2022.
3. As per prosecution case, there is alleged recovery
of 10 litre country made liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. He further submits that no incriminating article has
been recovered from conscious possession of the petitioner. The
alleged recovery has been made from joint house of the
petitioner and hence, petitioner cannot be held responsible for
Patna High Court CR. MISC. No.8719 of 2026(2) dt.18-02-2026
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the alleged recovery. Petitioner was not found at the place of
occurrence. Petitioner has no concern with the seized liquor.
Learned counsel further submits that petitioner is unable to walk
and he has falsely been implicated by the police. Petitioner
bears no criminal antecedent. Petitioner has nothing to do with
the alleged recovery. Seizure list has not been made as per law.
In the light of the aforesaid facts and circumstances of the case,
no case is made out against the petitioner under the provisions
of Bihar Prohibition and Excise Act.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner and submits that 10 litre
country made liquor has been recovered from the house of the
petitioner and hence, petitioner cannot escape from the
allegation made in the FIR.
6. Considering the facts and circumstances of the
case, keeping in view clean antecedent of petitioner, petitioner
was not found at the place of occurrence, argument advanced on
behalf of both sides and also taking into consideration the
material available on record, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees
Patna High Court CR. MISC. No.8719 of 2026(2) dt.18-02-2026
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ten thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Judge-IInd,
Khagaria in connection with Pasraha P.S. Case No. 245 of 2025,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
shahzad/-
U T
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