Patna High Court
Rajiv Kumar @ Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Rajiv Kumar, was arrested in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 146.88 litres of IMFL were seized from a tempo and he attempted to flee. He contended that he was falsely implicated, that no contraband was found in his possession, and that he had no prior criminal record. The prosecution presented the FIR alleging his involvement in the seizure. The court considered the lack of possession of the seized article, the petitioner’s clean antecedent, and the fact that he had been in custody since 11‑02‑2026. Weighing these factors, the court ordered that regular bail be granted on a bond of Rs.10,000 with two sureties, subject to the condition that bail may be cancelled if a prior offence under the same Act is later discovered. The order was pronounced by Justice Partha Sarthy.
Issues considered
- Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the circumstances of the case.
- Whether the absence of any seized article in the petitioner’s possession and his lack of prior criminal antecedent justify the grant of bail.
- Whether bail can be conditioned on the future discovery of a criminal antecedent under the same Act.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- section 30(a)
- false implication
- possession of contraband
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17928 of 2026
Arising Out of PS. Case No.-124 Year-2026 Thana- MANER District- Patna
======================================================
Rajiv Kumar @ Golu Kumar Son of Late Ashok Kumar @ Ashok Kumar
Yadav Resident of Nurddinganj (Yamunapur), Post- Madhav Mills, P.S.-
Malsalami, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Maner P.S. Case no. 124
of 2026 registered under section 30(a) of the Bihar Prohibition
and Excise Act, 2016.
3. As per the prosecution case, 146.88 litres of
IMFL is said to have been recovered from a tempo and the
petitioner who made an attempt to escape was chased and
caught.
4. It is submitted by learned counsel for the
petitioner that the petitioner has been falsely implicated in the
case. No incriminating article has been recovered from his
possession. He has no concerned with the seized article or the
Patna High Court CR. MISC. No.17928 of 2026(2) dt.25-03-2026
2/2
tempo in question. The petitioner is in custody since 11.2.2026
and chargesheet has been submitted in the case.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in the
F.I.R., the petitioner not having any concern with the seized article,
his being in custody since 11.2.2026 and specially not having any
criminal antecedent, the Court directs the petitioner to be enlarged
on bail in connection with Maner P.S. Case no. 124 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 Excise Judge, Danapur, Patna on the following
condition:
(i) If it transpires that the petitioner had criminal
antecedent under the Bihar Prohibition and Excise Act, 2016,
the prosecution will be at liberty to move this Court for
cancellation of bail of the petitioner.
(Partha Sarthy, J)
Bibhash/-
U T
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