Patna High Court
Rajesh Kumar @ Kumar RajeshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The petitioner is entitled to regular bail as the evidence does not sufficiently link him to the seized liquor and no incriminating article was found in his possession.
Summary
Rajesh Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 after a chowkidar identified him as a fleeing person when 127.460 litres of Indian-made foreign liquor was seized behind a co‑accused's hut. The petitioner contended that no incriminating article was found in his possession and that his implication rested solely on the chowkidar’s disclosure, lacking any independent witness. The State opposed bail, but the court noted the absence of direct evidence linking the petitioner to the seized liquor and the reliance on a single informant. Considering the lack of specific accusation and the petitioner’s custody since 04‑02‑2026, the court granted regular bail. The bail was set at a bond of Rs.10,000 with two sureties of the same amount, subject to satisfaction of the Special Excise Court.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the nature of the evidence.
- Whether the identification by a chowkidar, without independent corroboration, suffices to deny bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- insufficient evidence
- arrest
- seizure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15499 of 2026
Arising Out of PS. Case No.-175 Year-2024 Thana- GANGABRIDGE District- Vaishali
======================================================
Rajesh Kumar @ Kumar Rajesh, aged about 36 years, Male, Son of
Awadhesh Singh @ Awdhesh Singh @ Awdhesh Prasad Singh @ Abadhesh
Singh, Resident of Village-Sahdullahpur, P.S. Ganga Bridge, District-
Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
4 19-05-2026 Learned counsel for the petitioner and learned APP
for the State heard through virtual mode.
2. The petitioner seeks bail in connection with Ganga
Bridge P.S. Case No. 175 of 2024 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. As per allegation in the FIR, total 127.460 liters of
Indian made Foreign Liquor was recovered behind the hut of co-
accused persons and the local Chowkidar disclosed the name of
fleeing persons including this petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case merely on the basis of
suspicion. He submits that total 127.460 liters of Indian made
Patna High Court CR. MISC. No.15499 of 2026(4) dt.19-05-2026
2/3
foreign liquor was recovered behind the hut of co-accused
persons including this petitioner. He further submits that nothing
incriminating articles has been recovered from the conscious
possession of the petitioner and he has been made accused only
on the basis of disclosure made by a Chowkidar. He next
submits that there is no specific accusation against this
petitioner. Petitioner is in custody since 04.02.2026.
5. Learned APP for the State opposes the prayer for
regular bail of this petitioner.
6. From perusal of the FIR, seizure list and impugned
order of the learned Exclusive Special Excise Court No. 1-cum-
District and Additional Sessions Judge, Vaishali at Hajipur,
dated 18.02.2026, it appears that petitioner is named in the FIR
and his name transpired in this case during the course of
investigation only on the basis of disclosure made by
Chaukidar. From perusal of the records, it also appears that on
the basis of written report of the informant namely Mintu
Kumar, Assistant Sub-Inspector of Police, FIR has been
registered under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022 against co-accused persons
including the present petitioner and the allegation is of recovery
of Indian made Foreign Liquor. It also appears that there is no
Patna High Court CR. MISC. No.15499 of 2026(4) dt.19-05-2026
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any independent witness of the seizure list, petitioner is in
custody since 04.02.2026, so considering all these aspects of the
case and submission of learned counsel for the petitioner, I am
inclined to grant regular bail to the petitioner.
7. Accordingly the prayer for bail of the petitioner is
allowed. Let the petitioner above named be released on regular
bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Excise Court No.1-cum-District
and Additional Sessions Judge, Vaishali at Hajipur in connection
with Ganga Bridge P.S. Case No. 175 of 2024.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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