Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34229 of 2026 Arising Out of PS. Case No.-119 Year-2026 Thana- AKHODHIGOLA District- Rohtas ====================================================== Rahul Kumar S/o Sanjay Paswan R/o Village - Bahori Bigha, P.S - Akorhigola District - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prawal Mani Tripathi, Advocate For the Opposite Party/s :
Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 19-05-2026 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Akorhigola P.S. Case No. 119 of 2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022.
3. As per the prosecution story which has been lodged on the basis of the written report submitted by the informant to the effect that on 22.03.2026 at about 10:00 A.M. he along with the police personnel was on patrolling duty. At about 14:20 hrs when reached near Karkatpur Village, he received a secret information that the petitioner is selling liquor by keeping the same in the field near his house. Upon receiving the secret information, the informant after informing the Senior officials,
Patna High Court CR. MISC. No.34229 of 2026(2) dt.19-05-2026 2/3 proceeded for verification of the said information. When he reached near Bahori Bigha at about 14:50 hours, one person started fleeing with two plastic sacks. An attempt was made to chase and arrest that person, however he managed to escape. Upon search, 25.400 litres of country made liquor was recovered and the seizure list was prepared accordingly.
4. The learned counsel for the petitioner submits that the petitioner is quite innocent and has not committed the said offence. The petitioner was not even present at the place of occurrence and nothing has been recovered from possession of the petitioner. The petitioner has been implicated in the present case due to enmity and on the disclosure made by the local Chowkidar. the name of petitioner transpired in the present case. He further submits that the petitioner has got a clean antecedent.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Having considered the rival submissions and after going through the records, it appears that total 25.400 litres of country made liquor was seized, however, the petitioner was not present at the place of occurrence. Name of the petitioner transpired during course of investigation and on the basis of the
Patna High Court CR. MISC. No.34229 of 2026(2) dt.19-05-2026 3/3 information given by the local Chowkidar. The petitioner has got a clean antecedent. Considering the above, let the petitioner, named above, in the event of arrest or surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasarami in connection with Akorhigola P.S. Case No. 119 of 2026, subject to conditions as laid down under Section 482(2) of the B.N.S.S. with further condition:
(i) The learned Court concerned shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court concerned shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Ritesh Kumar, J) vinita/- U T