Patna High Court
RAJESH KUMAR @ SONU KUMAR @ SONU @ RAKESH KUMAR @ RAKESHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to monetary surety and specific conditions.
Summary
Petitioner Rajesh Kumar was arrested in connection with a case involving the seizure of 443.83 liters of liquor from two vehicles, alleged violations of Sections 30(a), 32 and 47 of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor and that the vehicles were merely parked outside his house, asserting his innocence despite having five prior criminal antecedents and a lack of compliance with Section 103 of the BNSS, 2023. The State opposed his bail application. The Court, after considering the facts, the period of custody, and the petitioner’s claim of non‑involvement, decided to grant bail subject to monetary surety and specific conditions regarding court appearances, non‑tampering with evidence, and refraining from similar offences. The bail order required a bond of Rs.15,000 with two sureties and imposed conditions that, if breached, would allow cancellation of bail.
Issues considered
- Whether bail should be granted to the petitioner despite prior criminal antecedents and non‑compliance with Section 103 of the BNSS, 2023.
- Whether the petitioner’s alleged lack of direct involvement in the liquor seizure justifies bail under the Bihar Prohibition and Excise Act.
- Whether the conditions imposed are sufficient to ensure the petitioner’s attendance and non‑interference with the trial.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- anticipatory bail
- prohibition and excise
- liquor seizure
- criminal antecedent
- Section 103 BNSS 2023
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13302 of 2026
Arising Out of PS. Case No.-237 Year-2025 Thana- KORHA District- Katihar
======================================================
Rajesh Kumar @ Sonu Kumar @ Sonu @ Rakesh Kumar @ Rakesh Son of
Late Chandradeo Singh Resident of Village - Basgarha (Basgara), P.S.-
Korha, District - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, 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 connection with Korha
PS Case No. 237 of 2025 instituted for the offences under
Section/s 30(a), 32 & 47 of the Bihar Prohibition and Excise
Act. Earlier vide order dated 03.12.2025, passed in Cr. Misc.
No. 80843 of 2025, petitioner was enlarged on provisional
anticipatory bail, but the same was not given effect to due to
non-fulfillment of condition stipulated in the order.
3. The prosecution case, in short, is that 443.83 liters
liquor was recovered from Scorpio and Bolero pickup.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
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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. It is submitted
that Bolero pickup was parked in front of the house of the
petitioner, due to which petitioner is implicated in this case. The
petitioner is in custody since 19.01.2026 and has got five (5)
criminal antecedent/s. There is no compliance of Section 103 of
the BNSS, 2023.
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 Korha PS Case No.
237 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
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dates without sufficient cause.
(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)
Raj Kishore/-
U T
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