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Patna High Court

Rakesh Kumar @ Ritesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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