Patna High Court
Rinku Kumar @ Rikku KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The High Court allowed the pre‑arrest bail, directing release on the same terms as the earlier order despite the earlier inaccurate statement.
Summary
The petitioner, Rinku Kumar, applied for pre‑arrest bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act. Earlier, the High Court had granted bail but the bond was rejected because the petitioner’s statement about his criminal antecedents was found to be inaccurate. The petitioner renewed the bail application, explaining that the error was due to lack of knowledge of his proxy. The Court, noting that it had previously released the petitioner, ordered that he be released on bail on the same terms as the earlier order, subject to a bond of Rs.10,000 and two sureties of equal amount. Consequently, the bail application was allowed and the matter disposed.
Issues considered
- What is the appropriateness of granting pre‑arrest bail when the petitioner’s earlier statement on criminal antecedents was incorrect?
- Whether the conditions of the earlier bail order can be reiterated for the renewed application.
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- bail bond
- criminal antecedent
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19068 of 2026
Arising Out of PS. Case No.-536 Year-2025 Thana- BYPASS District- Patna
======================================================
Rinku Kumar @ Rikku Kumar, Age about- 29 Years, Son of Ramnath Prasad
@ Ramnath Beldar, R/o Bahari Begampur, Beldari Tola, P.S. - Bypass, Distt -
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Arya, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 18-03-2026 Heard Mr. Mithilesh Kumar Arya, learned counsel
appearing on behalf of the petitioner and Mr. Syed Mojibur
Rahman, learned A.P.P. for the State.
2. The petitioner seeks pre-arrest bail in connection
with Bypass P.S. Case No. 536 of 2025 for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act as amended up-to-date.
3. Prayer for bail has been renewed on behalf of the
petitioner on the ground that now the correct details of criminal
cases pending against the petitioner as required in Para-3 of the
Patna High Court CR. MISC. No.19068 of 2026(2) dt.18-03-2026
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bail application has been given. The petitioner has also moved
before the learned District Court for pre-arrest bail in which bail
of the petitioner has been denied vide order dated 17.02.2026.
The petitioner was granted bail by this Court vide order dated
17.12.2025 passed in Cr. Misc. No. 83336 of 2025, however the
bail bond was not accepted considering the fact that the
statement made in Para-3 of the bail application with regard to
criminal antecedent of the petitioner was found incorrect.
Learned counsel submits that the said had occurred due to lack
of knowledge of the pairvikar. Now, he has renewed the bail
application on behalf of the petitioner under the circumstances
mentioned above.
4. Considering the fact that this Court had already
released the petitioner, the petitioner, above named, is directed
to be released on bail on similar terms and conditions as
contained in order dated 17.12.2025 in Cr. Misc. No. 83336 of
2025, in the event of his/her arrest or surrender before the
learned District Court within a period of four weeks from today,
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 District Court where the case is pending in
connection with Bypass P.S. Case No. 536 of 2025.
Patna High Court CR. MISC. No.19068 of 2026(2) dt.18-03-2026
3/3
5. Prayer for bail of the petitioner is allowed and the
bail application, accordingly, stands disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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