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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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