Patna High Court
RAKESH KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Rakesh Kumar was arrested in connection with a case involving the seizure of 453.9 litres of liquor from two motorcycles, alleged to violate Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating article was found in his possession, and that he had only one prior criminal antecedent. He had been in custody since 1 January 2026, while a co‑accused had already been granted bail. The State opposed bail, but the court noted the lack of direct evidence against the petitioner, the period of custody already served, and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering these factors, the court decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal procedure
- Section 103
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13439 of 2026
Arising Out of PS. Case No.-521 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
Rakesh Kumar S/O Sushil Kumar Ray R/O Village- Bajidpur Gado (Kurni)
P.s.- Dalsingsarai, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard Mr. Mritunjay Kumar, learned counsel for the
petitioner and Ms. Renu Kumari, learned APP for the State.
2. The petitioner seeks bail in connection with
Dalsinghsarai P.S. Case No. 521/2025 instituted for the offences
punishable under Sections 30(a) and 41(1) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 453.9 litres
of liquor was recovered from two motorcycles.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicles in
Patna High Court CR. MISC. No.13439 of 2026(2) dt.25-02-2026
2/2
question or with the alleged recovery of liquor. The petitioner is
in custody since 01.01.2026 and has one criminal antecedent.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023. Other co-accused has been
granted bail by this Court vide order dated 11.02.2026, passed in
Cr. Misc. No. 8776 of 2026.
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 as also 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 Dalsinghsarai P.S.
Case No. 521/2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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