Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail may be granted in the present case, subject to monetary and procedural conditions, despite the nature of the offence and the petitioner’s antecedents.
Summary
Rakesh Kumar was arrested after police recovered 13.890 liters of foreign liquor from his scooty, and a case was filed under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was innocent, that no incriminating material was found in his conscious possession, and that the police had implicated him with ulterior motive. He also pointed out that the police had not complied with Section 103 of the BNSS, 2023, and that he had been in custody since 15‑12‑2025 despite having three prior criminal antecedents. The State opposed the bail application. After considering the facts, the period of custody, the lack of direct evidence, and the procedural lapse, the Court decided to grant bail subject to a bond of Rs 15,000, two sureties, and conditions of appearance and family surety. The bail may be cancelled if the petitioner defaults on two consecutive appearances.
Issues considered
- Whether bail can be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents and non‑compliance of Section 103 of the BNSS, 2023.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- foreign liquor
- criminal procedure
- Section 30(a)
- antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1636 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- Hariharnath P.S. District- Saran
======================================================
Rakesh Kumar S/O Raj Narayan Rai @ Raj Narayan Ray R/O Village-
Sabalpur Charam, (Chaharam), P.S- Sonepur, District- Saran (Chapra).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Prasad Sinha, Adv.
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Hariharnath
PS Case No. 142 of 2025 instituted for the offences under Section
30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 13.890 liters of
foreign liquor was recovered from the scooty and the petitioner
was arrested on the spot.
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. Learned counsel
for the petitioner submits that the petitioner is the owner of the
said scooty and has been implicated in this case by the police
Patna High Court CR. MISC. No.1636 of 2026(2) dt.19-01-2026
2/2
with ulterior motive. The petitioner is in custody since 15.12.2025
and has got three criminal antecedents. 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 Hariharnath PS Case No. 142 of 2025,
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.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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