Created by Fuzzy Cloud

Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioners, directing them to furnish a bond of Rs 10,000 each with two sureties.

Summary

The petitioners, Rahul Kumar and Ankit Kumar, were arrested in connection with a case involving the seizure of 69.12 litres of illicit foreign liquor from a car under Section 30(a) of the Bihar Prohibition & Excise Act. They contended that they were merely the driver and a passenger, had no ownership or possession of the liquor, and that the vehicle had been handed to them by its owner. Their counsel also argued that the police failed to comply with Section 105 of the Bihar Narcotic Substances Act during the seizure and that no contraband was found on the petitioners themselves. The State opposed bail, noting a prior criminal antecedent for petitioner‑1, though he had been acquitted in that case. After hearing both sides, the Court found the circumstances warranted bail and ordered the petitioners to be released on a bond of Rs 10,000 each with two sureties, subject to the satisfaction of the 1st Exclusive Special Excise Court, Saran.

Issues considered

  • Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition & Excise Act.
  • Whether the alleged non‑compliance with Section 105 of the Bihar Narcotic Substances Act during seizure affects the bail decision.
  • Whether the petitioners’ roles as driver and passenger, without possession of the seized liquor, justify bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition & Excise Act
  • illicit liquor
  • seizure
  • Section 105
  • criminal antecedent
  • driver
  • passenger
  • Special Excise Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25753 of 2026
                     Arising Out of PS. Case No.-109 Year-2026 Thana- AWTARNAGAR District- Saran
                 ======================================================
           1.     Rahul Kumar S/o Gopal Ray R/o Village - Sabalpur, P.S - Sonepur, District -
                  Saran
           2.    Ankit Kumar S/o Suchit Ray R/o Village - Sabalpur, P.S - Sonepur, District -
                 Saran



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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ganesh Prasad Singh, Advocate.
                 For the Opposite Party/s :      Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioners have prayed for bail in connection

                   with Awtar Nagar P.S. Case No. 109 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 from a

                   car, altogether 69.12 liters of illicit foreign liquor was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioners are innocent and have

                   committed no offence. They have been falsely implicated in this
Patna High Court CR. MISC. No.25753 of 2026(3) dt.12-05-2026
                                            2/3




          case. He further submits that petitioner no. 1 was merely the

          driver of the said car, whereas petitioner no. 2 was only a

          passenger therein. It is further submitted that nothing has been

          recovered from the possession of either of the petitioners. The

          witnesses to the seizure list are police personnel, and the police

          have not complied with Section 105 of the BNSS while

          effecting the seizure. Learned counsel further submits that the

          said car does not belong to the petitioners and that the vehicle

          had been handed over to them by its owner. Moreover, the

          petitioners are languishing in judicial custody since 13.03.2026.

                       5. The application for bail is opposed by learned APP

          for the State and submits that petitioner no. 2 has got no

          criminal antecedent whereas petitioner no. 1 has criminal

          antecedent of one case and in the said case, he has already been

          acquitted.

                       6. Having heard learned counsel for the parties and

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

          inclined to enlarge the petitioners on bail. The above named

          petitioners are directed to be enlarged on bail on furnishing bail

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

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

          1st Exclusive Special Excise Court, Saran at Chapra in
           Patna High Court CR. MISC. No.25753 of 2026(3) dt.12-05-2026
                                                       3/3




                     connection with Awtar Nagar P.S. Case No. 109 of 2026.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.