Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioners, directing them to furnish bail bonds of Rs.5,000 each with two sureties.
Summary
Petitioners Rahul Kumar and Moti Tamoli applied for bail in a case registered under Section 30(a) of the Excise Act for alleged recovery of 33 litres of liquor from a ruin near their house. They argued that they were not arrested at the spot, no liquor was found in their conscious possession, and the complaint originated from a watchman (chaukidar) with whom they have an inimical relationship, suggesting a fabricated case. The petitioners also highlighted their prior excise cases but asserted they would not abscond and would cooperate with the trial. The State opposed bail. The High Court, after considering the submissions, ordered their release on bail upon furnishing a bond of Rs.5,000 each with two sureties, and allowed the application.
Issues considered
- Whether bail should be granted to the accused in an offence under Section 30(a) of the Excise Act despite prior convictions and the nature of the alleged offence.
- Whether the absence of conscious possession and alleged procedural lapses in the investigation justify granting bail.
- Whether the accused pose a risk of absconding or tampering with evidence.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- Section 30(a)
- prior convictions
- police investigation
- conscious possession
- watchman
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22306 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- HISUWA District- Nawada
======================================================
1. Rahul Kumar S/O Sanjay Tamoli R/O Village - Brahmpichas,Ward no- 15,
P.S - Hisua, Dist - Nawada.
2. Moti Tamoli @ Tinku Kumar S/O Bhagwan Tamoli R/O Village -
Brahmpichas,Ward no- 15, P.S - Hisua, Dist - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar
For the Opposite Party/s : Ms.Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in a case registered for
the offences punishable under Section 30(a) of the Excise
Act.
3. The learned counsel for the petitioners submits
that the petitioner no.1 has antecedent of two cases under
the Excise Act and petitioner no.2 has antecedent of three
cases under the Excise Act and allegation is of recovery of
33 litres of liquor from a ruin near the house of the
petitioners.
4. The learned counsel for the petitioners submits
Patna High Court CR. MISC. No.22306 of 2026(2) dt.18-04-2026
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that petitioners were not arrested from the spot, as such,
nothing was recovered from their conscious possession and
even alleged recovery is from a place, which does not
belong to the petitioners, but then, they came to be
implicated at the instance of Chaukidar with whom they are
on an inimical term. It is next submitted that police in
majority of cases implicating innocent persons either at the
behest of Chaukidar, local person, secret information and
confessional statement in a mechanical manner without
holding a proper investigation. It is further submitted that if
Chaukidar was aware of the involvement of the petitioners
in the occurrence, then why he did not inform the police
prior to institution of the present F.I.R., which casts an
aspersion on the case of the prosecution. It is also submitted
that petitioners will not abscond rather will cooperate in the
trial to prove their innocence and petitioners are in custody
since 28.02.2026.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made the learned
counsel appearing on behalf of the petitioners, the
petitioners, above-named, are directed to be released on bail
Patna High Court CR. MISC. No.22306 of 2026(2) dt.18-04-2026
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on their furnishing bail-bonds in the sum of Rs.5,000/-
(Rupees Five Thousand) each with two sureties of the like
amount each to the satisfaction of learned Court below
where the case is pending in connection with Hisua P. S.
Case No.43 of 2026.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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