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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties and specified conditions.

Summary

Rahul Kumar was arrested on 17 February 2026 after a seizure of 439.89 litres of foreign liquor in Basudeopur, alleged to be in violation of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He contended that the liquor was not found in his conscious possession and that he was implicated merely because he was present at the site, also alleging non‑compliance of Sections 103 and 105 of the BNSS, 2023. The prosecution opposed bail, highlighting his presence at the scene and six prior criminal antecedents, though he was already on bail in other matters. The court examined the facts, the procedural lapses alleged, and the petitioner’s antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties and several conditions regarding cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of his criminal antecedents without delaying the release.

Issues considered

  • What is the applicability of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 to the petitioner’s alleged involvement in the seizure of foreign liquor?
  • Whether the alleged non‑compliance of Sections 103/105 of the BNSS, 2023 warrants denial of bail?
  • Whether the petitioner’s prior criminal antecedents justify refusal of bail despite his claim of innocence?

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor
  • procedural compliance
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16771 of 2026
                       Arising Out of PS. Case No.-20 Year-2026 Thana- Vasudevpur District- Munger
                 ======================================================
                 Rahul Kumar S/O Mukesh Prasad Yadav Resident of Village- Shairpur, P.S-
                 Basudeopur, District-Munger 811202

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hemant Kumar Karn, Advocate
                 For the Opposite Party/s :        Ms. Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-03-2026                    Heard Mr. Hemant Kumar Karn, learned counsel for

                   the petitioner and Ms. Pushpa Sinha. 1, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   17.02.2026 in connection with Basudeopur P.S. Case No. 20 of

                   2026, F.I.R. dated 17.02.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Amendment

                   Act, 2022.

                               3. Recovery is of 439.89 liters of foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent 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 the recovery has
Patna High Court CR. MISC. No.16771 of 2026(2) dt.17-03-2026
                                            2/3




          been made from Sherpur Patwan Garden and petitioner has been

          made accused merely on the basis of suspicion because he was

          present at the place of occurrence. There is non-compliance of

          Section 103/105 of the BNSS, 2023. The petitioner is in custody

          since 17.02.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner was apprehended from the place of

          occurrence and apart from that the petitioner carries six criminal

          antecedents other than the present one but fairly submits that he

          is on bail in all the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          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     Judge,      Excise-II,      Munger       in   connection   with

          Basudeopur P.S. Case No. 20 of 2026, 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.16771 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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