Patna High Court

Rajnish KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Rajnish Kumar, was arrested after 1,709.280 liters of foreign liquor were recovered from his residence and was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that the liquor was found in a joint family house, that he had no conscious possession of it, and that he has a clean criminal record. The State opposed bail, while the petitioner argued that no incriminating material was found on him and that Section 103 of the BNSS, 2023 had not been complied with. The Court, considering the facts, the period of custody since 28‑11‑2025, and the petitioner’s clean antecedent, decided to grant bail. Bail was set at Rs.15,000 with two sureties, one of whom must be a close family member, and the petitioner must appear at every trial date, with bail liable to cancellation on two consecutive defaults.

Issues considered

Whether bail should be granted to the accused in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act considering the circumstances of arrest and custody.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
excise offence
foreign liquor possession
Bihar Prohibition and Excise Act
criminal procedure
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1810 of 2026
                    Arising Out of PS. Case No.-1955 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Rajnish Kumar Son of Lalan Thakur Village -Majhauli pachdahi PS-
                 Bariyarpur District -Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Yugal Kishore, Adv.
                 For the Opposite Party/s :         Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Excise PS

                   Case No. 1955 of 2025 instituted for the offences under Sections

                   30(a) and 32(3) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 1709.280 liters of

                   foreign liquor was recovered from the house of the petitioner and

                   the petitioner was arrested on the spot.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner submits that the recovery has been made from
           Patna High Court CR. MISC. No.1810 of 2026(2) dt.19-01-2026
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                     the joint house of the petitioner where other family members

                     also reside. The petitioner is in custody since 28.11.2025 and has

                     got clean criminal antecedent. There is no compliance of Section

                     103 of the BNSS, 2023.

                             5. Learned A.P.P. for the State has vehemently opposed the

                     prayer for grant of bail to the petitioner.

                             6. Considering the aforesaid facts and circumstances of the

                     case and the period of custody undergone by the petitioner, this

                     Court is inclined to grant bail to the petitioner.

                             7. Let the petitioner be released on bail on furnishing bail

                     bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Excise PS Case No. 1955 of 2025,

                     subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date fixed

                     at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T
Patna High Court CR. MISC. No.1810 of 2026(2) dt.19-01-2026
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