Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners with conditions, finding no sufficient ground to deny it.
Summary
Petitioners Rahul Kumar and Bambam Kumar were arrested on 14 March 2026 in connection with a case involving the alleged possession of 406.84 litres of foreign liquor, alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. They contended that the liquor was recovered from the vehicle’s dickey and seat, not from their conscious possession, and that they were not the owners of the vehicle. The petitioners argued they have a clean antecedent, were falsely implicated, and that the investigation failed to comply with Sections 103 and 105 of the BNSS. The State opposed bail. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedent.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the fact that the seized liquor was not found in the petitioners' conscious possession affects the bail decision.
- Whether non‑compliance of Sections 103 and 105 of the BNSS warrants denial of bail.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- BNSS
- criminal antecedent
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26479 of 2026
Arising Out of PS. Case No.-151 Year-2026 Thana- KOCHADHAMAN District- Kishanganj
======================================================
1. Rahul Kumar Son of Chandan Kumar @ Chandan Kumar Sah Resident of
Village- Sukhasan, P.S.- Singheshwar, District- Madhepura
2. Bambam Kumar Son of Vishnudev Prasad Yadav Resident of Village-
Sukhasan, P.S.- Singheshwar, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Ram Prawesh Kumar, learned counsel
for the petitioners and Ms. Asha Kumari, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
14.03.2026 in connection with Kochadhaman P.S. Case No. 151
of 2026, F.I.R. dated 13.03.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise
Act, 2018.
3. Recovery is of 406.84 liters of foreign liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. He further submits that it appears
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from the F.I.R. as well as seizure list that nothing have been
recovered from the conscious possession of the petitioners
rather the recovery have been made from dickey and seat of the
vehicle in question and petitioners are not the owner of the
vehicle in question. He further submits that there is non-
compliance of Section 103 and 105 of BNSS and the petitioners
are in custody since 14.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge Excise-I, Kishanganj in connection
with Kochadhaman P.S. Case No. 151 of 2026, subject to the
following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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