Patna High Court
Rajiv Kumar @ Rajiv Sah @ Rajeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court inclined to grant bail to the petitioner, subject to bond and conditions.
Summary
The petitioner, Rajiv Kumar, was arrested in connection with the seizure of 43.5 litres of liquor from his Scorpio car, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. An earlier anticipatory bail application had been rejected. The petitioner claimed he was merely the owner of the vehicle, had no knowledge of the liquor, and that no incriminating material was found on his person; he also highlighted non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Despite having thirteen prior criminal antecedents and being in custody since 15‑11‑2025, the court considered the circumstances and the period of detention. The court inclined to grant bail, directing release after framing of charge, on a bond of Rs 15,000 with two sureties and several conditions regarding appearance, territorial restrictions and future offences. The bail was ordered subject to these conditions.
Issues considered
- Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act despite a prior rejection of anticipatory bail.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the petitioner’s thirteen prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- liquor seizure
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2608 of 2026
Arising Out of PS. Case No.-49 Year-2024 Thana- PURAINI District- Madhepura
======================================================
Rajiv Kumar @ Rajiv Sah @ Rajeev Kumar S/O Dhodhay Sah Resident of
Village - Dhatta Tola, Near Sarvoday Ashram, P.S- Bhawanipur, District-
Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Fazle Karim, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Puraini
P.S. Case No. 49 of 2024, instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Earlier, anticipatory bail of the petitioner has been
rejected by a co-ordinate Bench of this Court vide order dated
28.03.2025 passed in Cr. Misc. No. 13368 of 2025.
4. The prosecution case, in short, is that 43.5 liters
liquor was recovered from Scorpio car.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.2608 of 2026(2) dt.19-01-2026
2/3
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case as being owner of the vehicle in question and he has got no
knowledge with regard to the nature of goods carried in his
vehicle. The petitioner is in custody since 15.11.2025 and has
got thirteen criminal antecedents. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Puraini P.S. Case No. 49 of 2024,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
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(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(IV) The petitioner will not leave the territorial
jurisdiction of the Court below without its prior permission for
the same.
(Rudra Prakash Mishra, J)
Rajorshi/-
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