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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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