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Patna High Court

Rajesh Patel @ Rajesh RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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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