Patna High Court
Rahul Kumar @ Raidar @ RiderversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
2/2
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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