Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
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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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