Patna High Court
Rahul Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail ought to be granted to the petitioner, subject to monetary and procedural conditions.
Summary
Rahul Kumar Singh was arrested in connection with the seizure of 1,786.275 litres of liquor from a bus and charged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. The petitioner contended that he was neither the owner nor the driver of the bus, that no incriminating material was found in his possession, and that co‑accused had named him falsely. He also pointed out that he had two prior criminal antecedents for which he was already on bail and that the prosecution had not complied with Section 103 of the B.N.S.S., 2023. The State opposed bail, arguing the seriousness of the offence. After considering the period of custody, lack of direct evidence, and procedural lapses, the Court granted bail subject to a cash bond of Rs.15,000, two sureties and specific conditions regarding court appearances.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act given the facts of the case and procedural compliance.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- liquor seizure
- Bihar Prohibition and Excise Act
- criminal procedure
- Section 103 compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13059 of 2026
Arising Out of PS. Case No.-191 Year-2025 Thana- KISHANPUR District- Supaul
======================================================
Rahul Kumar Singh S/O Jitendra Singh R/O Village- Narayanpur, ward no.
12, P.S- Bhaptiyahi, District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrit Abhijat, Advocate
For the Opposite Party/s : Mr.Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Kishanpur P.S. case No.
191 of 2025, corresponding to S.T. Excise No. 932 of 2025
instituted for the offences under Sections 30(a) and 41 of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 1786.275
liters liquor was recovered from bus.
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. It is further
submitted that the apprehended co-accused disclosed the name
Patna High Court CR. MISC. No.13059 of 2026(2) dt.25-02-2026
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of the petitioner. The petitioner is neither owner nor driver of
the bus in question. The petitioner has got no concern with the
alleged recovery of liquor. The petitioner is in custody since
16.01.2026 and has got two criminal antecedents in which he is
on bail as stated in paragraph No. 3 of the bail application.
There is no compliance of Section 103 of B.N.S.S., 2023. Co-
accused have been granted bail by this Bench vide Annexure-
P/2 and Annexure- P/3 to the bail application.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Kishanpur P.S. case
No. 191 of 2025, corresponding to S.T. Excise No. 932 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
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fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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