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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.

Summary

The Patna High Court considered the bail application of Rahul Kumar, who was arrested in connection with an alleged possession of 60 litres of illicit country-made liquor under Section 30(a) of the Bihar Prohibition & Excise Act, with an additional 200 litres recovered nearby. The petitioner claimed innocence, asserted that no liquor was actually seized from him, and alleged that the police failed to comply with Section 105 of the BNSS during the seizure. The State opposed bail, highlighting the petitioner’s two prior criminal cases. After hearing both sides, the Court found that the procedural lapse and the petitioner’s custody since 03‑03‑2026 warranted relief, and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge Excise. The bail order was directed to be executed in the Khusrupur P.S. Case No. 125 of 2026.

Issues considered

  • Whether bail should be granted to the petitioner under the Bihar Prohibition & Excise Act, Section 30(a).
  • Whether the alleged non‑compliance with Section 105 of the BNSS during seizure affects the bail decision.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition & Excise Act
  • procedural lapse
  • seizure
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24715 of 2026
                      Arising Out of PS. Case No.-125 Year-2026 Thana- KHUSRUPUR District- Patna
                 ======================================================
                 Rahul Kumar Son of Mirtunjay Singh Resident of Vill.- Sukarbeg, P.S.-
                 Khusrupur, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar, Advocate
                                                  Mr. Ankit Kumar, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   12-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Khusrupur P.S. Case No. 125 of 2026 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   & Excise Act.

                                 3. The case of the prosecution, in short, is that

                   altogether 60 liters of illicit country-made liquor was recovered

                   from the possession of the petitioner, and on his disclosure, 200

                   liters of country-made liquor was recovered near the banks of

                   Dhowa River.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
           Patna High Court CR. MISC. No.24715 of 2026(3) dt.12-05-2026
                                                       2/2




                     committed no offence. He has been falsely implicated in this

                     case. He also submits that nothing has been recovered from the

                     possession of the petitioner. The witnesses of the seizure list are

                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. Moreover, the

                     petitioner is languishing in judicial custody since 03.03.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has criminal

                     antecedent of two cases.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Special

                     Judge Excise, Patna City in connection with Khusrupur P.S.

                     Case No. 125 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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