Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner, directing the furnishing of a bail bond of Rs. 15,000 with two sureties.
Summary
The petitioner, Rakesh Kumar, was arrested on suspicion of involvement in the recovery of 540 litres of liquor from a tempo, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no incriminating article in his possession, and was not connected to the vehicle or the liquor, also noting the absence of any criminal antecedent and lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the court considered the facts, the duration of custody since 20.01.2026, and the petitioner’s claim of innocence. Consequently, the court inclined to grant bail, directing the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount. The order releases the petitioner on bail pending further trial.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case.
- Whether the petitioner’s arrest complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
- Whether the petitioner is materially connected to the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- suspicion
- custody
- Section 30(a)
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13883 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- NADI P.S. District- Patna
======================================================
Rakesh Kumar Son of Bhrigunath Ray Resident of Village - Didarganj, Near
Kumar Petrol Pump, P.S. - Didarganj, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kritu Verma, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Nadi
P.S. Case No. 25 of 2026 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 540 litres
of liquor was recovered from tempo.
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 vehicle in
question or the alleged recovery of liquor. It is further submitted
Patna High Court CR. MISC. No.13883 of 2026(2) dt.26-02-2026
2/2
that petitioner has gone to Ganga river and in the meantime,
police party arrested the petitioner on the basis of suspicion. The
petitioner is in custody since 20.01.2026 and has no criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarika 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 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 Nadi P.S. Case No.
25 of 2026.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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