Patna High Court
Rakesh Kumar @ Rakesh Sharma @ KutumbversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted as the petitioner was arrested on mere suspicion, no incriminating material was found, and the procedural safeguards were not observed.
Summary
The petitioner, Rakesh Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 698.235 litres of liquor were recovered from a co‑accused's godown. He claimed innocence, stating that no incriminating material was found in his possession and that his arrest was based solely on a local watchman's disclosure and mere suspicion. The petitioner had been in custody since 7 January 2026 and had four prior criminal antecedents for which he was out on bail. The State opposed bail, but the court noted the lack of direct evidence, the prolonged pre‑trial detention, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Consequently, the court granted bail on a bond of Rs. 15,000 with two sureties, subject to conditions regarding family surety, appearance, non‑tampering with evidence, and refraining from similar offences.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 were complied with.
- Whether the petitioner poses a risk of absconding, tampering with evidence, or committing a similar offence.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- suspicion
- evidence tampering
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12265 of 2026
Arising Out of PS. Case No.-578 Year-2025 Thana- KONCH District- Gaya
======================================================
Rakesh Kumar @ Rakesh Sharma @ Kutumb Son of Shrikant Sharma
Resident of Edari, P.S.- Uphara, District- Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amish Kumar, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Konch
P.S. Case No. 578 of 2025, instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 698.235 liters
liquor was recovered from godown of co-accused person.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner was not
Patna High Court CR. MISC. No.12265 of 2026(2) dt.23-02-2026
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arrested on spot. Name of the petitioner has transpired in this
case on the basis of disclsoure made by local chaukidar. It is
further submitted that the petitioner has been arrested only on
the basis of suspicion. The petitioner is in custody since
07.01.2026 and has got four criminal antecedents in which he is
on bail. There is no compliance of Section 103 of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Konch P.S. Case No.
578 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
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(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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