Patna High Court
Rajesh Patel @ Rajesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to bond and conditions.
Summary
The petitioner, Rajesh Patel, was arrested on 28 February 2026 in connection with a case involving the seizure of 237.6 liters of illicit liquor from two motorcycles, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for regular bail, claiming innocence and asserting that no liquor was found in his conscious possession. The State opposed the bail, contending the seriousness of the alleged offence. The court examined the nature of the allegation, the period of custody, and the lack of direct evidence linking the petitioner to the seized liquor. Considering these factors, the court allowed the bail application, imposing a bond of Rs. 10,000 with two sureties and conditions of regular police station attendance and trial cooperation. The order was made clear to be prima facie and not an adjudication on the merits of the underlying criminal case.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act in the circumstances of the case
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26147 of 2026
Arising Out of PS. Case No.-238 Year-2025 Thana- BAJPATTI District- Sitamarhi
======================================================
Rajesh Patel @ Rajesh Ray S/o Dahaur Ray @ Dahau Rai R/o Village -
Shivaipatti, P.S. - Bajpatti, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Mishra
For the Opposite Party/s : Mr. Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Bajpatti P.S. Case No. 238 of 2025 registered for the offence
under Section(s) 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 237.6 liters of illicit
liquor was recovered from two motorcycles.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
further submitted that the petitioner is in custody since
28.02.2026. It is also contended that nothing has been recovered
from the conscious possession of the petitioner and the
petitioner has no concern with the alleged recovery.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.26147 of 2026(3) dt.27-04-2026
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opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the nature of allegation and the period of custody, this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Bajpatti P.S. Case
No. 238 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Bajpatti Police Station on
every Sunday of each month. Any default in
appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
Patna High Court CR. MISC. No.26147 of 2026(3) dt.27-04-2026
3/3
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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