Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Rahul Kumar, was arrested in connection with the recovery of 178 litres of liquor from a co-accused's house and a nearby hut, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor, that his name was mentioned only through the co-accused's statements, and that no incriminating material was found on him. The State opposed bail, while the petitioner highlighted his clean criminal record, the lack of compliance with Section 103 of the B.N.S.S., 2023, and the fact that the co-accused had already been granted bail. The Court, considering these circumstances, decided to grant bail, ordering a bond of Rs.15,000 with two sureties of the same amount. The order released the petitioner on bail pending further trial.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal procedure
- clean antecedent
- Section 103 B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15367 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- SONEPUR District- Saran
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Rahul Kumar S/O Late Sitaram Chaudhary Resident of Village- Golabazar,
Police Station- Sonepur, District- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Mili Kumari, Advocate
For the Opposite Party/s : Mrs.Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Sonepur P.S. case No.
10 of 2026 instituted for the offences under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 178 liters
liquor was recovered from house of co-accused and hut near a
canal.
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
further submitted that the name of the petitioner has transpired
on the basis of disclosure made by apprehended co-accused.
Patna High Court CR. MISC. No.15367 of 2026(2) dt.11-03-2026
2/2
Recovery has been made from co-accused and a hut near a
canal. The hut in question is an open place accessible to public
at large. The petitioner is in custody since 02.02.2026 and has
got no criminal antecedent. There is no compliance of Section
103 of B.N.S.S., 2023. Co-accused has been granted regular bail
by this Bench vide order dated 12.02.2026 passed in Cr. Misc.
No. 9659 of 2026.
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, clean antecedent 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 Sonepur P.S. case
No. 10 of 2026.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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