Rahul Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Rahul Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: release on bail upon arrest or surrender within four weeks, on a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Judge, Danapur (Patna), subject to the conditions laid down under Section 438(2) of the CrPC / Section 482(2) of the BNSS.

Issue for consideration

Whether the petitioner, who is not named in the FIR and apprehends arrest in Piplawan P.S. Case No.56 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act, should be released on anticipatory bail (the Learned APP opposed the prayer).

Court's answer

Taking note of the factual submissions, the recovery of illicit liquor prima facie does not appear to have been made from the physical possession of the petitioner, who is a man of clean antecedent.

Ratio / Principle

The petitioner is directed to be released on bail in the event of his arrest or surrender in the court below within four weeks, on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Judge, Danapur (Patna), in connection with Piplawan P.S. Case No.56 of 2026, subject to the conditions under Section 438(2) of the CrPC / Section 482(2) of the BNSS.

Detailed headnote1 paragraphs

Patna High Court (Chandra Shekhar Jha, J.), Criminal Miscellaneous No.41833 of 2026, order dated 30-06-2026 - Anticipatory bail granted. The petitioner, not named in the FIR in Piplawan P.S. Case No.56 of 2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act (alleged illegal trade/manufacture of illicit liquor with recovery of 22.5 litres of IMFL/country-made liquor), sought pre-arrest bail, submitting that his registered SIM card alone had been recovered from the seizure spot as his phone was lost, that he was not present there, and that the recovery was not from his conscious possession. Finding prima facie that the recovery did not appear to be from the petitioner's physical possession and noting his clean antecedents, the Court directed his release on bail upon arrest or surrender within four weeks, on a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Judge, Danapur (Patna), subject to the conditions laid down under Section 438(2) of the CrPC / Section 482(2) of the BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41833 of 2026

Arising Out of PS. Case No.-56 Year-2026 Thana- Piplawa District- Patna

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

Rahul Kumar Son of Indu Manjhi Resident of Village -Kharuna Police Station- Naubatpur, Dist- Patna

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

====================================================== Appearance : For the Petitioner : Mr. Dr. Manoj Kumar, Advocate For the Opposite Party : Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 30-06-2026

Heard learned counsel for the petitioner and

learned Additional Public Prosecutor for the State.

The accused/petitioner is not named in the FIR

and apprehending his arrest in connection with Piplawan P.S. Case No.56 of 2026 registered under Section 30(a) of Bihar Prohibition and Excise Act.

Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 22.5 litres of IMFL/country-made liquor.

It is submitted by learned counsel appearing for

the petitioner that the name of petitioner arrayed solely for the reason that the petitioner’s registered sim card was

Patna High Court CR. MISC. No.41833 of 2026(2) dt.30-06-2026 2/3

recovered from the place where alleged liquor was seized. It is also submitted by petitioner that the mobile phone of Petitioner was lost on the road on the date of occurrence. It is also submitted that petitioner is not in any way connected with the present case and also the petitioner was not present at the spot where alleged liquor was seized. It is also submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. Petitioner claimed clean antecedent.

Learned APP opposed the prayer of anticipatory bail to the petitioner.

In view of aforesaid factual submissions and by taking note of the fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, who is a man of clean antecedent, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.41833 of 2026(2) dt.30-06-2026 3/3

learned Exclusive Special Excise Judge, Danapur(Patna), in connection with Piplawan P.S. Case No.56 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS

(Chandra Shekhar Jha, J.)

Aniket/- U T