Patna High Court
Rakesh Kumar @ GolaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to specified conditions.
Summary
The petitioner, Rakesh Kumar, was arrested in connection with the recovery of 300 litres of illicit country-made wine and a mobile phone, alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He had been in custody since 25 March 2026 and claimed a clean antecedent. The petitioner’s counsel offered to donate Rs. 25,000 to a charitable organization as a condition for bail, without admitting guilt. The State opposed the bail application. After considering the facts, custody period, and the petitioner’s undertaking, the court allowed the bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and comply with specific conditions including the donation, monthly police station attendance, and verification of antecedents. The bail was granted subject to these conditions.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s undertaking to donate Rs. 25,000 and other conditions are sufficient for bail.
Legislation cited
Subjects
- bail
- regular bail
- prohibition law
- excise
- Section 30(a)
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 29453 of 2026
Arising Out of PS. Case No.-170 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Rakesh Kumar @ Gola S/O Sanjivan Ray @ Sajivan Ray R/O Nurudinganj,
Ghat Kinare, P.S.- Malsalami, Distt.- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kr. Arya, Adv.
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Malsalami P.S. Case No. 170 of
2026, registered for the offences punishable under Section 30(a)
of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution case, the recovery of 300
litres of country-made wine have been made from the place of
occurrence and one keypad mobile has been recovered from the
possession of the petitioner. The petitioner is in custody since
25.03.2026 and claims to be clean antecedent.
4. Learned counsel for the petitioner submits that the
petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand Only) to a charitable organization,
Patna High Court CR. MISC. No. 29453 of 2026(2) dt.11-05-2026
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without prejudice to his defence and without admitting guilt.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, the period of custody and the submissions advanced on
behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Malsalami P.S. Case
No. 170 of 2026, subject to the following conditions:-
(i) The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand Only)
with Ramakrishna Mission Ashrama, Ramakrishna
Avenue, Patna, Bihar and shall produce a valid
receipt thereof before the court below. The bail
bonds shall be accepted only after verification of
the genuineness of the said receipt.
(ii) The petitioner shall mark his
attendance at Malsalami Police Station on every
Sunday of each month. In the event of default, the
bail bonds shall be liable to be cancelled.
(iii) At the time of acceptance of bail
bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
Patna High Court CR. MISC. No. 29453 of 2026(2) dt.11-05-2026
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only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
(Sandeep Kumar, J)
sadique/-
U
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