Patna High Court

Rajesh Kumar @ Rajesh Kumar Ram @ Rajesh RamversusThe State of Bihar

Decided: 26 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Rajesh Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 330.840 liters of illicit liquor. He claimed innocence, stating he was merely the driver and had no knowledge of the contraband, and that no incriminating material was found in his possession. The prosecution opposed bail, while the petitioner’s counsel highlighted his lack of prior involvement and the absence of compliance with Section 103 of the BNSS, 2023. The court considered the facts, the petitioner’s custody period since 6 January 2026, and his criminal antecedents. Concluding that the circumstances did not warrant continued detention, the court granted bail on a bond of Rs.15,000 with two sureties and imposed standard conditions for appearance.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Whether non‑compliance with Section 103 of the BNSS, 2023, bars the grant of bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
BNSS 2023
Section 103
criminal procedure
illicit liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14275 of 2026
                         Arising Out of PS. Case No.-9 Year-2026 Thana- JOKIHAT District- Araria
                 ======================================================
                 Rajesh Kumar @ Rajesh Kumar Ram @ Rajesh Ram Son of Brahamdeo Ram
                 R/o Village - Pithahi, Ward No.- 11, P.S.- Madhepura, District - Madhepura.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nishant Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Nitya Nand Tiwary, 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 Jokihat

                   PS Case No. 09 of 2026 instituted for the offences under

                   Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 330.840 liters

                   liquor was recovered from pickup vehicle.

                           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. It is submitted

                   that name of the petitioner has surfaced in this case as being
           Patna High Court CR. MISC. No.14275 of 2026(2) dt.26-02-2026
                                                       2/2




                     driver of the vehicle in question and he was oblivious of the fact

                     that illicit liquor was laden in the vehicle. The petitioner is in

                     custody since 06.01.2026 and has got one 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 Jokihat PS Case No.

                     09 of 2026, 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. 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.



Raj Kishore/-                                                    (Rudra Prakash Mishra, J)
U      T

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