Patna High Court
Rakesh Kumar @ Ritesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Rakesh Kumar (alias Ritesh Yadav), was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 300 litres of liquor from two motorcycles. He was not arrested at the scene, no liquor was found in his conscious possession, and he does not own the seized motorcycles; the complaint originated from a chowkidar and local persons. The petitioner, who has a clean antecedent, has been in custody since 15‑12‑2025 and sought bail, arguing that the prosecution’s case is weak. The State opposed the bail application. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, pending trial.
Issues considered
- What is the appropriateness of granting bail to an accused under Section 30(a) of the Bihar Excise Act given the facts of non‑possession and lack of direct arrest?
Subjects
- bail
- excise law
- Section 30(a)
- Bihar Excise Act
- liquor seizure
- criminal procedure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11122 of 2026
Arising Out of PS. Case No.-538 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
Rakesh Kumar @ Ritesh Yadav S/O Mithu Yadav @ Mithu Prasad R/O
Village- Ambatari, P.S.- Rajauli, Dist.- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Verma
For the Opposite Party/s : Mr.Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 300 litres of liquor from two motorcycles.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
any of the seized motorcycles and he came to be implicated at
the instance of Chowkidar and local persons, but then it is next
submitted that if Chowkidar was aware about the involvement
Patna High Court CR. MISC. No.11122 of 2026(2) dt.10-04-2026
2/2
of the petitioner in the occurrence, then why he did not inform
the police prior to institution of the instant FIR, which casts an
aspersion on the case of the prosecution. It is also submitted that
petitioner is in custody since 15-12-2025.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, let the petitioner, above named, 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 learned trial court where the case is
pending/successor court in connection with Rajauli P.S. Case
No. 538 of 2025.
(Satyavrat Verma, J)
Sumit/-
U T
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