Allowed¶22

Rakesh Kumar v. The State of Bihar

Patna HC24 Sept 2025CR. MISC./61868/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.61868 of 2025, decided 24-09-2025, Alok Kumar Pandey, J — anticipatory bail allowed in Maner P.S. Case No. 502 of 2025 under Section 30(a), Bihar Prohibition and Excise Amendment Act, 2022; 227.520 litre illicit liquor recovery; bail bond Rs. 10,000/- each with two like sureties before Special Excise Judge, Danapur, Patna; conditions under Section 482 (2) BNSS.

What did the court decide?

Anticipatory bail to both petitioners in Maner P.S. Case No. 502 of 2025 upon arrest or surrender within six weeks, on a bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Special Excise Judge, Danapur, Patna, subject to the conditions under Section 482 (2) of BNSS. ¶22

Rakesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners, apprehending arrest in Maner P.S. Case No. 502 of 2025 registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, are entitled to anticipatory bail.

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Court's answer

The anticipatory bail application stands allowed.

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Ratio / Principle

In the event of their arrest or surrender before the learned trial court within a period of six weeks, the petitioners are to be released on anticipatory bail.

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Key takeaways

Release directed on furnishing a bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each.ratio¶21
Bail bonds to the satisfaction of the learned Special Excise Judge, Danapur, Patna, in connection with Maner P.S. Case No. 502 of 2025, subject to the conditions laid down under Section 482 (2) of BNSS.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioners apprehended arrest in Maner P.S. Case No. 502 of 2025 (District Patna), registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, after 227.520 litres of illicit liquor was allegedly recovered from the place of occurrence and their names were disclosed by the local chaukidar and local people, the petitioners having fled. Counsel for the petitioners contended that the recovery was from an open place, that nothing incriminating was recovered from their conscious possession, and that they were falsely implicated due to inimical terms with the local chaukidar; petitioner no. 1 bore antecedents of two cases (on bail), petitioner no. 2 none. The learned A.P.P. opposed the prayer. Allowing the application, the Court directed release on anticipatory bail upon arrest or surrender before the learned trial court within six weeks, on a bail bond of Rs. 10,000/- each with two sureties of the like amount, to the satisfaction of the learned Special Excise Judge, Danapur, Patna, subject to the conditions under Section 482 (2) of BNSS. (Alok Kumar Pandey, J)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61868 of 2025

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Arising Out of PS. Case No.-502 Year-2025 Thana- MANER District- Patna

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======================================================

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1. Rakesh Kumar S/o Dayashankar Rai R/o Village- Hira Tola, Sherpur, Police Station- Maner, District- Patna.

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Pappu Kumar S/o Shiv Dayal Rai R/o Village- Hira Tola, Sherpur, Police Station- Maner, District- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar For the Opposite Party/s : Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 24-09-2025

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Heard learned counsel for the petitioners and learned A.P.P. for the State.

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The petitioners are apprehending their arrest in connection with Maner P.S. Case No. 502 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

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As per prosecution case, 227.520 litre illicit liquor was recovered from the place of occurrence. It is alleged that local chaukidar and local people disclosed the name of petitioners who fled away from the place of occurrence.

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Learned counsel for the petitioners submits that place of recovery is an open place and, hence, petitioners cannot

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Patna High Court CR. MISC. No.61868 of 2025(2) dt.24-09-2025 2/3

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be held liable for the alleged recovery. They were not found at the place of occurrence. No incriminating article has been recovered from the conscious possession of the petitioners. He further submits that due to inimical term with local chaukidar, petitioners have falsely been implicated in the present case. Except disclosure of local chaukidar and local people, there is nothing on record to demonstrate the complicity of the present petitioners with the alleged occurrence. Petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioners under the provisions of Bihar Prohibition and Excise Act. Petitioner no. 1 bear criminal antecedent of two cases in which he is on bail and petitioner no. 2 bears no criminal antecedent.

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The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from

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Patna High Court CR. MISC. No.61868 of 2025(2) dt.24-09-2025 3/3

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today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur, Patna in connection with Maner P.S. Case No. 502 of 2025, subject to the conditions as laid down under Section 482 (2) of BNSS.

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The application stands allowed.

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(Alok Kumar Pandey, J)

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alok/-

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U T

Rakesh Kumar v. The State of Bihar

Case brief

What is this about?

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Rakesh Kumar v. The State of Bihar

Case brief

What is this about?

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What the court decided

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