Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48066 of 2026 Arising Out of PS. Case No.-297 Year-2026 Thana- MANER District- Patna ====================================================== Rahul Kumar S/o- Sirdha Ray R/Village- Brahmachari Pokhra PS- Maner Distt-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Chandra Jha, Adv.

For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Maner P.S. Case No. 297 of 2026 dated 29.03.2026 registered for the offence punishable under Section/s 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per the prosecution case, the police has recovered total 155.22 liters of Indian Made Foreign Liquor from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. It is next submitted that the alleged recovery of illicit liquor has been made from the open place behind the Government school, which is an open place accessible to

Patna High Court CR. MISC. No.48066 of 2026(2) dt.22-07-2026 2/3 general public and the petitioner is in no way connected either with the place of occurrence or with the seized article. It is further submitted that nothing incriminating has been recovered from the constructive possession of the petitioner. Lastly, it is submitted that the petitioner is a person of clean antecedent.

5. Learned APP for the State opposes the prayer for grant of anticipatory bail.

6. Having heard learned counsel for the parties and considering the fact that nothing has been recovered from the constructive possession of the petitioner and the fact that the petitioner bears no antecedent, let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of six 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 learned Special Excise Judge, Danapur in connection with Maner P.S. Case No. 297 of 2026, subject to the condition as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions:

(i) One of the bailors should be the family member/relative/known of the petitioner who shall provide official document / personal affidavit to show his/her bona fide;

Patna High Court CR. MISC. No.48066 of 2026(2) dt.22-07-2026 3/3 (ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Ajit Kumar, J) rishi/- U T