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2026 DAILYLAW 21079 (PAT)

Rahul Kumar v. The State of Bihar

CR. MISC./41833/2026 · 2026-06-30

Chandra Shekhar Jha

Transfer Petitionbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41833 of 2026 Arising Out of PS. Case No.-56 Year-2026 Thana- Piplawa District- Patna ====================================================== Rahul Kumar Son of Indu Manjhi Resident of Village -Kharuna Police Station- Naubatpur, Dist- Patna ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Dr. Manoj Kumar, Advocate For the Opposite Party : Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 30-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The accused/petitioner is not named in the FIR and apprehending his arrest in connection with Piplawan P.S. Case No.56 of 2026 registered under Section 30(a) of Bihar Prohibition and Excise Act. 3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 22.5 litres of IMFL/country-made liquor. 4. It is submitted by learned counsel appearing for the petitioner that the name of petitioner arrayed solely for the reason that the petitioner’s registered sim card was Patna High Court CR. MISC. No.41833 of 2026(2) dt.30-06-2026 2/3 recovered from the place where alleged liquor was seized. It is also submitted by petitioner that the mobile phone of Petitioner was lost on the road on the date of occurrence. It is also submitted that petitioner is not in any way connected with the present case and also the petitioner was not present at the spot where alleged liquor was seized. It is also submitted that recovery of illicit liquor was not made from conscious possession of this petitioner. Petitioner claimed clean antecedent. 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, who is a man of clean antecedent, 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 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 Patna High Court CR. MISC. MISC. No.41833 of 2026(2) dt.30-06-2026 3/3 learned Exclusive Special Excise Judge, Danapur(Patna), in connection with Piplawan P.S. Case No.56 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS Aniket/- (Chandra Shekhar Jha, J.) U T