Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45545 of 2026 Arising Out of PS. Case No.-252 Year-2026 Thana- BIDUPUR District- Vaishali ====================================================== Rahul Kumar Son of Pintu Rai @ Alok Kumar R/O Village - Gopalpur Chaknai, P.S.- Bidupur, District - Vaishali ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ravish Mishra, Adv.

For the Opposite Party :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Bidupur P.S. Case No.252 of 2026 registered under Section 30(a) Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 8636.76 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for the petitioner that recovery of alleged illicit liquor was made from a truck and two pickup vans which were parked outside

Patna High Court CR. MISC. No.45545 of 2026(2) dt.10-07-2026 2/3 brick-klin of the co-accused, namely, Deep Narayan Singh. It is also submitted name of petitioner arrayed solely on the disclosure made by the local chowkidar. It further submitted that the petitioner is neither the owner of any of the seized vehicles nor is he in any way connected with the co-accused persons and it can be safely said that recovery of illicit liquor was not made from conscious possession of this petitioner. It is also submitted that the seizure list also appears doubtful being not supported by independent witnesses rather than by police personnel. Explaining criminal antecedent, it is submitted that the petitioner found involved in one criminal case, where he is on bail.

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

6. 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, 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

Patna High Court CR. MISC. No.45545 of 2026(2) dt.10-07-2026 3/3 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 learned Exclusive Special Court No. 1cum- district and Additional Sessions Judge, Vaishali at Hajipur, in connection with Bidupur P.S. Case No.252 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Aniket/- U T