Patna High Court
Rahul 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, 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
- BNSS, 2023 — s. 103, 105
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
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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
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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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