Patna High Court
Rahul Kumar @ Rahul SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner on a bond of Rs.10,000 with two sureties, subject to specific conditions.
Summary
Petitioner Rahul Kumar was arrested on 25 January 2026 in connection with the seizure of 220 litres of illicit country-made liquor and a 15 kg gas cylinder under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that he was falsely implicated, arguing that the seized items were recovered from an open place and not from his possession, and that he merely escaped from the scene. The prosecution opposed bail, emphasizing the large quantity of liquor recovered, his escape, and his five prior criminal antecedents, though noting he is on bail in other cases. The court examined the facts, the lack of direct evidence linking the petitioner to the contraband, and his antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed the lower court to release the petitioner on bail while monitoring compliance with the stipulated conditions.
Issues considered
- What is the appropriate bail disposition for an accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 when the seized contraband was not found in his direct possession?
- Do the petitioner’s prior criminal antecedents justify denial of bail despite the absence of direct evidence?
- Are the conditions imposed by the court sufficient to safeguard the trial process?
Subjects
- bail
- prohibition and excise
- illicit liquor
- criminal antecedents
- surety
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18412 of 2026
Arising Out of PS. Case No.-298 Year-2025 Thana- MAKER District- Saran
======================================================
Rahul Kumar @ Rahul Sahni S/o Paspati Sahni Resident of Village- Dihi
Siroman (Badi Chak), P.S.- Maker, Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Ashok Kumar, learned counsel for the
petitioner and Ms. Sucheta Yadav, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
25.01.2026 in connection with Maker P.S. Case No. 298 of
2025, F.I.R. dated 29.12.2025 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 220 liters of country made liquor and
a 15 kg empty gas cylinder.
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.18412 of 2026(2) dt.24-03-2026
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been made from Barichak Diyar Dihi Siroman which is an open
place and the petitioner has been made accused merely on the
basis that he escaped from the place of occurrence and due to
his previous criminal antecedents and except the aforesaid, no
other cogent material has come during investigation which
suggest the involvement of the petitioner in the present
occurrence and the petitioner is in custody since 25.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that altogether 220 liters of country made liquor has
been recovered from the place of occurrence and petitioner
escaped from the place of occurrence and apart from that the
petitioner carries five criminal antecedents but fairly submits
that he is on bail in all the cases.
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 Excise Court No.03, Saran(Chapra) in connection with
Maker P.S. Case No. 298 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
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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
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)
Suruchi/-
U T
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