Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition & Excise Act — s. 30(a)
- BNSS — s. 105
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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