Patna High Court
Rajesh Kumar @ Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court ordered the petitioner to be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Rajesh Kumar, was arrested in connection with the recovery of 82.5 litres of liquor from his house under section 30(a) of the Bihar Prohibition and Excise Act, 2016. He contended that he was falsely implicated, that no incriminating article was found in his possession, and that the alleged recovery site was an open area not exclusively under his control. The petitioner had been in custody since 10 January 2026 and had no prior criminal record. The State opposed the bail application. After hearing both sides, the court considered the lack of antecedent, the circumstances of the alleged recovery, and the duration of custody, and ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The order also stipulated that if a criminal antecedent under the Act later emerges, the prosecution may move for cancellation of the bail.
Issues considered
- Whether regular bail should be granted to the accused under section 30(a) of the Bihar Prohibition and Excise Act, 2016 considering the facts of alleged possession, custody duration, and lack of prior criminal record.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- excise
- prohibition act
- regular bail
- false implication
- criminal antecedent
- section 30(a)
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17864 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Rajesh Kumar @ Rakesh Kumar S/o Ram Kumar Yadav R/o Village - Surha,
Ward no. 07, P.S - Phulparas, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Jhanjharpur (Excise) P.S.
Case no. 7 of 2026 registered under section30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, 82.5 litres of liquor is
said to have been recovered from the premises of the house of
the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No incriminating
article has been recovered from his possession or his premises.
Accepting the allegations levelled in the FIR, the alleged place of
recovery is an open place which cannot be said to be under the
exclusive lock and key of the petitioner. The petitioner is in custody
Patna High Court CR. MISC. No.17864 of 2026(2) dt.25-03-2026
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since 10.1.2026 and has no criminal antecedent.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, his being in custody since 10.1.2026 and not having
any criminal antecedent, the Court directs the petitioner to be
enlarged on bail in connection with Jhanjharpur (Excise) P.S. Case
no. 7 of 2026 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 Special Court Excise, Jhanjharpur,
Madhubani on the following condition:
(i) In case it subsequently transpires that the petitioner
has criminal antecedent under the Bihar Prohibition and Excise
Act, 2016, the prosecution will be at liberty to move this Court
for cancellation of bail granted to the petitioner.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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