Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Rakesh Kumar was arrested on 22 November 2025 in connection with Excise Case No. 503 of 2025 for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, after the seizure of 14.220 litres of foreign liquor and 100 litres of cough syrup from his dilapidated house. The petitioner claimed a clean antecedent, asserted that he was falsely implicated and that the seized items were not in his conscious possession, and highlighted non‑compliance of Sections 103 and 105 of the BNSS, 2023 by the investigating agency. The State opposed bail. Considering the petitioner’s clean record, the circumstances of the seizure and the procedural lapses, the Court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether the non‑compliance of Sections 103 and 105 of the BNSS, 2023 warrants the grant of bail.
- Whether the petitioner’s clean antecedent and claim of false implication affect the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise offence
- foreign liquor seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- procedural non‑compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16753 of 2026
Arising Out of PS. Case No.-503 Year-2025 Thana- Excise P.S. District- Saharsa
======================================================
Rakesh Kumar Son of Ajay Das @ Ajay Kumar Das Resident of Mohalla-
Gautam Nagar, Gangjala, Ward No. 16, P.S. and District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Ashok Kumar, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.11.2025 in connection with Excise P.S. Case No. 503 of
2025, F.I.R. dated 21.11.2025 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. Recovery is of 14.220 liters of foreign liquor and
100 liters of cough syrup.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.16753 of 2026(2) dt.17-03-2026
2/3
14.220 liters of foreign liquor and 100 liters of cough syrup
have been recovered from the dilapidated house of the petitioner
and the same house is open from all the corners. There is non-
compliance of Section 103/105 of the BNSS, 2023. He further
submits that the police after investigation submitted the charge
sheet against the petitioner. The petitioner is in custody since
22.11.2025.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, recovery has been made
from the dilapidated house of the petitioner and there is non-
compliance of Section 103/105 of the BNSS, 2023, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special (Excise) Judge-I, Saharsa in connection with Excise P.S.
Case No. 503 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.16753 of 2026(2) dt.17-03-2026
3/3
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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