Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court held that regular bail must be granted as the investigation is complete, the petitioners have no antecedent, and their continued custody would not adversely affect the prosecution.
Summary
The petitioners, Rajesh Kumar and Abhishek Kumar, were arrested in connection with the recovery of a large quantity of foreign liquor from a vehicle they were driving, alleged to be in violation of Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They claimed they were unaware of the contraband and had no prior criminal record, having been in custody since 18 January 2026. The prosecution’s material witnesses were official persons and the investigation was already completed, leading the petitioners to argue that bail would not prejudice the case. The State opposed the bail application. Considering the lack of antecedents, the completed investigation, and the minimal risk to the prosecution, the court granted regular bail, directing each petitioner to furnish a bail bond of Rs. 20,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the petitioners under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act given the completed investigation and their lack of criminal antecedent.
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- foreign liquor
- no criminal antecedent
- completed investigation
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20218 of 2026
Arising Out of PS. Case No.-110 Year-2026 Thana- Excise P.S. District- Jamui
======================================================
1. Rajesh Kumar, S/o Jagdish Rawat, R/O Village- Bhour Bhar , Ward No. 08,
Police Station- Khaira, District- Jamui
2. Abhishek Kumar, S/o Deepak Ram, R/O Village- Aamari, Ward No. 10,
Police Station- Khaira, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Sinha, Adv.
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 26-03-2026 1. Heard the parties.
2. The petitioners seek regular bail in connection with
JAM (Jamui) P.S. Case No. 110 of 2026, registered for the
offence(s) punishable under Sections 30(a) and 32(3) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
the petitioners have no criminal antecedent and have been
languishing in jail since 18.01.2026, though the instant
matter relates to the recovery of large quantity of foreign
liquor from the alleged postal parcel four-wheeler which
was being carried by the petitioners bonafidely and without
their knowledge, however, they have suffered a lot. It is further
Patna High Court CR. MISC. No.20218 of 2026(2) dt.26-03-2026
2/2
submitted that against the petitioners the investigation has been
completed and all the material witnesses of the prosecution are
official persons so the release of the petitioners on bail at this
stage will not affect the prosecution adversely. It is lastly
submitted that the petitioner no.1 was the driver and the
petitioner no.2 was the co-driver of the alleged vehicle at the
time of alleged recovery.
4. Learned APP appearing for the State opposes the
prayer of the petitioners.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, coupled with petitioners' custody period and the
completion of investigation against them, this court is inclined to
release them on bail. Accordingly, let the petitioners named-above
be enlarged on bail in connection with JAM (Jamui) P.S. Case
No. 110 of 2026 on furnishing bail bonds of Rs. 20,000/- (Rupees
Twenty Thousand) each with two sureties of the like amount each
to the satisfaction of the Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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