Patna High Court

Rakesh KumarversusThe State of Bihar

Decided: 3 April 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court held that bail should be granted to the petitioner, subject to a bond, sureties and compliance with Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

The petitioner, Rakesh Kumar, the owner of a truck, was implicated in a case where 922.56 litres of foreign liquor were seized from his vehicle, leading to charges under Sections 30(a), 36, 38 and 41 of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the illegal use of the truck, that the driver and khalasi were apprehended on the spot, and that there were procedural lapses in the search and seizure, including the absence of an independent witness. The State opposed his bail application. The Court, after considering the facts, granted bail on the condition that the petitioner surrenders within four weeks, furnishes a bail bond of Rs 10,000 with two sureties of the same amount, and complies with the conditions of Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act. The order reflects the Court’s view that the petitioner’s lack of personal possession, clean antecedent and alleged procedural irregularities justify bail. The bail is subject to the stipulated conditions and the case will continue in the lower court.

Issues considered

Whether the petitioner is entitled to bail despite the seizure of a large quantity of foreign liquor under the Bihar Prohibition and Excise Act.
Whether alleged violations of search and seizure procedures affect the grant of bail.
Whether the petitioner’s lack of personal possession and clean criminal record justify bail.

Legislation cited

Bihar Narcotic Substances Act — s. 482(2)
Bihar Prohibition and Excise Act — s. 30(a), 36, 38, 41
Criminal Procedure Code — s. 438(2)

Subjects

bail
search and seizure
foreign liquor
Bihar Prohibition and Excise Act
Criminal Procedure Code
procedural irregularities
ownership of vehicle
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17713 of 2026
                        Arising Out of PS. Case No.-762 Year-2025 Thana- GARKHA District- Saran
                 ======================================================
                 Rakesh Kumar Son of Jitendra Ray R/O Vill.- Ward No. 1, P.S.- Waris Nagar,
                 District- Samastipur
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Alok Kumar Alok
                 For the Opposite Party/s :       Mr.Lalan Kumar
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   03-04-2026                      Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2. The petitioner is apprehending his arrest in a case

                   registered for the offence punishable under Sections 30(a), 36,

                   38, 41 of the Bihar Prohibition and Excise Act.

                                   3. Perusal of the first information report and the

                   seizure list, would go to show that 922.56 liters of foreign liquor

                   is said to have been recovered from the truck, bearing

                   Registration No.BR01GP-2005.

                                   4. It is submitted by learned counsel for the

                   petitioner that there is no recovery from the physical and

                   conscious possession of the petitioner. As a matter of fact, the

                   name of the petitioner has transpired as he is the owner of the

                   truck. It is submitted that the driver and khalasi were

                   apprehended on the spot and the petitioner has no knowledge
             Patna High Court CR. MISC. No.17713 of 2026(2) dt.03-04-2026
                                                         2/2




                       whatsoever that the truck was being used for the illegal purpose.

                       It is further submitted that the mandatory provisions of search

                       and seizure have been violated as there is no independent

                       witness to the seizure list. Further, the petitioner has no criminal

                       antecedent.

                                         5. Learned APP for the State opposes the prayer for

                       bail.

                                    6.       Taking into consideration the facts and

                       circumstances of the case, let the above named petitioner in the

                       event of his arrest or surrender before the learned Court below

                       within a period of four weeks from today, be enlarged on bail on

                       furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

                       two sureties of the like amount each to the satisfaction of the

                       learned court below where the case is pending/successor court

                       in connection with Garkha P.S. Case No. 762 of 2025, subject to

                       the condition as laid down under Section 438 (2) of the

                       Cr.P.C./482(2) of the B.N.S.S.


                                                 (Soni Shrivastava, J)
devendra/-

U      T

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