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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner Rahul Kumar was arrested in connection with a case of alleged transport of illicit liquor after police intercepted a motorcycle and recovered 50 litres of liquor. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, had no involvement with the seized liquor, and that the search and seizure did not comply with mandatory provisions. He also highlighted his clean criminal record and that he had been in judicial custody since 11 January 2026. The State opposed the bail application. The court, after considering the facts, the petitioner’s clean antecedent and the period of custody, ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether alleged procedural lapses in the search and seizure affect the grant of bail

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • illicit liquor
  • search and seizure
  • criminal procedure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11174 of 2026
                        Arising Out of PS. Case No.-8 Year-2026 Thana- KAJRA District- Lakhisarai
                 ======================================================
                 Rahul Kumar S/o Manoj Ram R/o Village - Jagdishpur Singhchak, P.S - Kiul,
                 District - Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajive Ranjan Singh, Advocate
                 For the Opposite Party/s :        Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Kajra P.S. Case No. 08 of 2026 for the offences registered under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                                3.     On      getting      secret      information        regarding

                   transportation of illicit liquor on a motorcycle, police party

                   reached at Champanagar More and intercepted a motorcycle

                   bearing Registration No. WB 38U4070. On search, 50 litres

                   illicit liquor was recovered from the aforesaid motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case. He has no concern with the seized liquor. There is no

                   compliance of the mandatory provisions of search and seizure.
              Patna High Court CR. MISC. No.11174 of 2026(2) dt.17-02-2026
                                                          2/2




                        Petitioner is a young boy having no criminal antecedent. He is

                        in judicial custody since 11.01.2026. Petitioner undertakes to

                        co-operate in the trial.

                                     5. Learned counsel appearing on behalf of the State

                        opposes the prayer for grant of bail to the petitioner.

                                     6. Considering the submissions made on behalf of the

                        parties, facts and circumstances of the case, clean antecedent

                        and period of custody undergone by the petitioner, let the

                        petitioner, named above, be enlarged on bail upon furnishing

                        bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                        the like amount each to the satisfaction of learned District &

                        Additional Sessions Judge-VII-cum-Exclusive Special Excise

                        Court-II, Lakhisarai in connection with Kajra P.S. Case No. 8 of

                        2026.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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