Patna High Court

Rakesh Kumar @ BhullaversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: ARUN KUMAR JHA

Holding

The court ordered the release of the petitioner on bail subject to prescribed conditions.

Summary

Rakesh Kumar was arrested in connection with an Excise case alleging possession of illicit mahua liquor under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. The prosecution’s secret information led to the seizure of 105 litres of liquor from a motorcycle, but no liquor was found in the petitioner’s personal possession. The petitioner, a labourer with one prior case, argued that he was falsely implicated and had been in custody since 22‑12‑2025. The State opposed bail. Considering the lack of incriminating material against him and the length of his custody, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS and additional attendance requirements.

Issues considered

Whether bail should be granted to the accused when no incriminating evidence is found on his person
Whether the provisions of Section 480(3) of the BNSS permit bail in this circumstance

Legislation cited

BNSS — s. 480(3)

Subjects

bail
excise
illicit liquor
Section 30(a)
Bihar Prohibition & Excise Act
criminal procedure
Section 480(3) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10917 of 2026
                     Arising Out of PS. Case No.-852 Year-2023 Thana- Excise P.S. District- Lakhisarai
                 ======================================================
                 Rakesh Kumar @ Bhulla son of Vijay Yadav Resident of Village- Gohri,
                 Devnagar, Ward No. 15, P.S.- Bannu Bagicha, District Lakhisarai

                                                                                       ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Shaukat Alam, Advocate
                 For the Opposite Party/s :         Ms. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Excise P.S. Case No. 852 c2 of 2023 registered

                   for the alleged offences under Sections 30(a) of the Bihar

                   Prohibition & Excise Act, 2016.

                                03. As per prosecution case, a secret information was

                   received about two persons carrying illicit chulai liquor on a

                   motorcycle. The said motorcycle was signaled to stop and two

                   persons on the motorcycle tried to run away leaving behind the

                   motorcycle and they were apprehended. The petitioner is one of

                   the apprehended accused persons. On search of the bag kept on

                   the motorcycle, recovery of 105 liters of country made mahua

                   liquor was made.
Patna High Court CR. MISC. No.10917 of 2026(2) dt.17-02-2026
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                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. Nothing incriminating has been recovered from the

          conscious possession of the petitioner. The petitioner is a

          labourer and has no concern with the seized liquor from the

          motorcycle. The petitioner is having antecedent of one case and

          is in custody since 22.12.2025.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that no recovery has been shown from this petitioner and

          also considering the period of custody of the petitioner, the

          petitioner above named is directed to be released on bail on

          furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Exclusive Special Judge Excise-II, Lakhisarai/court concerned

          in connection with Excise P.S. Case No. 852 c2 of 2023, subject

          to the conditions mentioned in Section 480(3) of BNSS and the

          following conditions:

                       (i) One of the bailors will be a close relative of

                       the petitioner.
           Patna High Court CR. MISC. No.10917 of 2026(2) dt.17-02-2026
                                                       3/3




                                  (ii) The petitioner will remain present on each and

                                  every date fixed by the court below.

                                  (iii) In case of absence on three consecutive dates

                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T

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