Created by Fuzzy Cloud

Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.