Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25961 of 2026 Arising Out of PS. Case No.-274 Year-2019 Thana- BAHADURGANJ District- Kishanganj ====================================================== Rahul Kumar Son of Subhod Yadav Resident of Village- Bela Rikabgfanj, Ward No. 01, P.S.- K. Nagar, District- Purnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 24-04-2026 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 offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation in the First Information Report is that 129.450 litres of country made liquor has been recovered from a vehicle.

4. Learned counsel for the petitioner submits that the First Information Report was lodged against unknown and the name of the petitioner has transpired during the course of investigation on the fact that he was identified as the driver of the said vehicle, however, there is no recovery from personal or conscious possession of the petitioner. The petitioner is not the

Patna High Court CR. MISC. No.25961 of 2026(2) dt.24-04-2026 2/3 registered owner of the said vehicle.

5. Learned APP for the State opposed the prayer for anticipatory bail and submits that the petitioner has two criminal antecedents of similar nature. However, in response it has been submitted that the petitioner is on bail in both the cases.

6. Petitioner has offered to deposit a sum of Rs.5,000/- (Rupees Five Thousand) in Patna High Court Legal Services Committee, Patna, bearing Account No.1413010060836, IFSC Code: PUNB0141320, Punjab National Bank, Bar Council Branch, Patna.

7. Taking into consideration the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bahadurganj P.S. Case No. 274 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to the condition(s) that: (i) One of the bailors will be his own blood relative, preferably, father, mother, brother,

Patna High Court CR. MISC. No.25961 of 2026(2) dt.24-04-2026 3/3 sister and/or his wife.

(ii) The petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required, failing which the prosecution will be at liberty to move cancellation of his bail bond.

8. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Patna High Court Legal Services Committee, Patna.

(Soni Shrivastava, J) anand/- U T