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Patna High Court

Rahul Kumar @ Raidar @ RiderversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Rahul Kumar, was arrested in connection with the alleged recovery of 228.885 liters of liquor from a school and a nearby location, under Section 30(a) of the Bihar Excise Act. He contended that he was not caught in possession of the liquor, that the alleged recovery occurred on premises not belonging to him, and that the case was based on secret information without proper investigation. He also highlighted his clean antecedent and that he had been in custody since 14 February 2026. The State opposed the bail application. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs. 500 with two sureties of the same amount, directing compliance with the trial court’s conditions.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 30(a) of the Bihar Excise Act given the circumstances of the alleged offence and his custody status.

Subjects

  • bail
  • Bihar Excise Act
  • Section 30(a)
  • liquor seizure
  • clean antecedent
  • secret information
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24247 of 2026
                  Arising Out of PS. Case No.-232 Year-2025 Thana- MUSRIGHRARI District- Samastipur
                 ======================================================
                 Rahul Kumar @ Raidar @ Rider S/o Lal Bahadur Singh @ Lalbahadur Singh
                 Resident of Village- Fatehpurwala @ Fatehpur Bala, P.S.- Musrighrari,
                 District- Samastipur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pratik
                 For the Opposite Party/s :      Mr. Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 228.885 liters of liquor from a school and also from

                   a place behind the school.

                                4. Learned    counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner
            Patna High Court CR. MISC. No.24247 of 2026(2) dt.18-04-2026
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                      and he came to be implicated based on secret information which

                      is the easiest way to implicate someone without holding a

                      proper investigation, when petitioner admittedly is a person with

                      clean antecedent. It is also submitted that petitioner is in custody

                      since 14.02.2026 and if privilege of bail is granted, the

                      petitioner will not abscond rather will cooperate in the trial to

                      prove his innocence.

                                   5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, is

                      directed to be released on bail on furnishing bail bonds of Rs.

                      500/- (Rupees Five Hundred) with two sureties of the like

                      amount each to the satisfaction of the learned Trial Court where

                      the case is pending/successor court in connection with

                      Musrigharari P.S. Case No. 232 of 2025.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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