Patna High Court
Rakesh Kumar @ Rakesh Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to the conditions stipulated under Section 482(2) of the CrPC.
Summary
The petitioner, Rakesh Kumar Mishra, sought anticipatory bail in connection with Excise Sadar P.S. Case No. 380 of 2025, wherein the prosecution alleged recovery of 954.720 litres of illicit foreign liquor from his residence, invoking Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioner contended that the liquor was recovered from a joint house and that there was no material linking him personally to the offence, despite having prior criminal cases pending. The State opposed the bail, arguing that the recovery was made from the petitioner’s house and that he could not escape liability. The Court examined the absence of the petitioner at the scene, the lack of direct evidence, and the procedural safeguards under Section 482(2) of the CrPC. It held that anticipatory bail could be granted, subject to a bail bond of Rs.10,000 and two sureties, and conditioned on surrender to the Special Judge within six weeks. Consequently, the application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail is warranted in a case of alleged possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the material on record sufficiently links the petitioner to the alleged offence.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- Section 30(a)
- Section 482
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9019 of 2026
Arising Out of PS. Case No.-380 Year-2025 Thana- Excise P.S. District- Samastipur
======================================================
Rakesh Kumar @ Rakesh Kumar Mishra S/O Sanjeev Mishra @ Sanjiv
Kumar Mishra Resident of village- Neerpur, Police Station- Karpurigram,
District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr.Khurshid Anwar, APP
======================================================
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 Excise Sadar P.S. Case No. 380 of 2025,
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per prosecution-case, there is alleged recovery
of 954.720 litre illicit foreign liquor from the house of
petitioner.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
alleged in the F.I.R. He further submits in para-10 that the
alleged recovery was made from the joint house of the petitioner
Patna High Court CR. MISC. No.9019 of 2026(2) dt.18-02-2026
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and petitioner cannot be held responsible for the same. Apart
from that, petitioner is having criminal antecedent of four cases
out of which in three cases he is on bail. Petitioner has been
roped in one case after another in mechanical manner without
any basis. Except suspicion, there is nothing on record to
connect the petitioner with the alleged occurrence. In light of
the aforesaid facts and circumstances, no allegation, as alleged
in the F.I.R., is made out against the petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner and
submits that there is alleged recovery from the house and
petitioner cannot escape from the allegations made in the F.I.R.
6. Considering the facts and circumstances of the
case, 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 ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge Excise-
II, Samastipur, District-Samastipur in connection with Excise
Patna High Court CR. MISC. No.9019 of 2026(2) dt.18-02-2026
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Sadar P.S. Case No. 380 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)
K.C.Jha/-
U T
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