Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to verification of his antecedents and compliance with the stipulated conditions.

Summary

Petitioner Rahul Kumar, a resident of Jan Tola, Saran, feared arrest in a case alleging recovery of 92.73 litres of liquor from an auto, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he has a clean antecedent, was not in possession of the liquor at the time of arrest, and was implicated based on undisclosed secret information. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify his criminal antecedents. If any antecedent is found, the bail will not be confirmed; if he is found to have a clean record, the bail will be confirmed forthwith.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for provisional anticipatory bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Section 30(a)
Bihar Prohibition and Excise Act
clean antecedent
bail conditions
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91682 of 2025
                   Arising Out of PS. Case No.-445 Year-2025 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Rahul Kumar Son of Anil Ray @ Sunil Ray Resident of village- Jan Tola, Po-
                 Daulatganj, Ps- Bhagawan Bazar, Dist- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajit Kumar Singh
                 For the Opposite Party/s :      Mr. Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 92.73 litres of liquor from an auto.                  It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and is not

                   the owner of the seized vehicle and he came to be implicated at

                   the instance of local person and spy but then the name of the

                   person who disclosed the name of the petitioner is not disclosed

                   in the FIR which casts an aspersion on the case of the
Patna High Court CR. MISC. No.91682 of 2025(2) dt.13-01-2026
                                            2/3




          prosecution and it is very easy to implicate someone based on

          secret information without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.500/- (Rupees five hundred) with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with Bhagwan

          Bazar P.S. Case No.445/2025, subject to the conditions as laid

          down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean

          antecedent, in that event the provisional anticipatory bail order
             Patna High Court CR. MISC. No.91682 of 2025(2) dt.13-01-2026
                                                         3/3




                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

Continue reading with your account

Checking your session…