Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Rahul Kumar, was arrested on 24 February 2026 for possession of 8.64 litres of illegal foreign liquor, a violation of Section 30(a) of the Bihar Prohibition and Excise Act, after a total of 22.08 litres was seized at Bintoliya Railway Station. He applied for bail, claiming innocence and arguing that the prosecution had failed to comply with mandatory provisions of Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting two prior cases against the petitioner, though he was already on bail in one pending matter. The High Court observed the alleged non‑compliance of the BNSS provisions and, despite the antecedents, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents without delaying the release.
Issues considered
- Whether the alleged non‑compliance of Sections 103 and 105 of BNSS, 2023 warrants granting bail.
- Whether the petitioner’s prior criminal cases justify denial of bail.
- Whether the nature of the offence under Section 30(a) of the Bihar Prohibition and Excise Act precludes bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illegal foreign liquor
- excise law
- Section 30(a)
- BNSS 2023
- non‑compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22384 of 2026
Arising Out of PS. Case No.-52 Year-2026 Thana- Excise P.S. District- Saran
======================================================
Rahul Kumar S/o- Vinod Rai Resident of vill- Halalpur, Madarpur, ward No.-
7, P.S.- Industrial Area, District- Vaishali.
... ... Petitioner
Versus
1. The State of Bihar
... ... Opposite Part
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Singh
For the Opposite Party/s : Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.02.2026 in connection with Sadar Excise P.S. Case No. 52 of
2026 for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. The prosecution case, in brief, is that total 22 litres
8 ml of illegal foreign liquor was recovered on spot near
Bintoliya Railway Station, out of which 8 litres 64 ml of illegal
foreign liquor from the possession of Rahul Kumar, 3 litres of
illegal foreign liquor from the possession of Chhote Lal Pandit
and 10 litres 44 ml from the possession of Dashrath Sahni.
Accordingly seizure list was prepared and F.I.R. was instituted.
Patna High Court CR. MISC. No.22384 of 2026(2) dt.06-04-2026
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4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel for the petitioner submits that it
appears from the FIR that altogether 22.08 litters of foreign
liquor was recovered from the place of occurrence and out of
22.08 litres of foreign liquor, 8.64 liters of foreign liquor was
recovered from the present petitioner. Learned counsel for the
petitioner submits that there is non-compliance of mandatory
provisions of Sections 103 and 105 of BNSS, 2023 and
petitioner is in custody since 24.02.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of two cases other than
the present case but fairly submits that the petitioner is on bail in
the pending matter.
6. Considering the aforesaid facts and circumstances
and that there is non-compliance of mandatory provisions of
Sections 103 and 105 of BNSS, 2023, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Excise
Court No.-3, Saran (Chapra) in connection with Sadar Excise
Patna High Court CR. MISC. No.22384 of 2026(2) dt.06-04-2026
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P.S. Case No. 52 of 2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be canceled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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