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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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