Rudal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29041 of 2026 Arising Out of PS. Case No.-24 Year-2026 Thana- EXCISE MAHUWA District- Vaishali ====================================================== Rudal Kumar S/o Nathu Singh RO Village- Chand Saray, Sahdullah Chowk, PS- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashish Kr. Ranjan, Adv.

Ms. Anita Kumari, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-05-2026 Heard the parties

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Excise Mahua P.S. Case No. 24 of 2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 90 litres of IMFL/country made liquor

4. It is submitted by learned counsel appearing

Patna High Court CR. MISC. No.29041 of 2026(2) dt.11-05-2026 2/3 on behalf of the petitioner that petitioner implicated with present case only for the reason that he is the owner of the vehicle bearing registration no BR06AY8262. It is submitted that the vehicle was given on hire basis to the driver, who misused the same for illegal transportation of illicit liquor. It is submitted that the liquor was admittedly not recovered from the conscious physical possession of this petitioner and moreover, the seizure list witnesses are also not independent witness rather they are police personal. Petitioner claimed clean antecedent.

5. Learned APP, opposes the prayer of bail.

6. In view of aforesaid factual submission and by taking note of fact as recovery of alleged illicit liquor prima-facie not appears to be made from the conscious physical possession of the petitioner, who is a man of clean antecedent, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be

Patna High Court CR. MISC. No.29041 of 2026(2) dt.11-05-2026 3/3 released on bail, furnishing 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 Court no. II cum District and Addl. Sessions Judge, Vaishali at Hajipur /concerned Court, where the case is pending in connection with Excise Mahua P.S. Case No. 24 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T