Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner on a bond of Rs 10,000 with two sureties, subject to conditions.
Summary
The petitioner, Rahul Kumar, was arrested on 7 March 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for allegedly possessing and distributing illegal Indian Made Foreign Liquor (IMFL). Police, acting on a tip during a Holi patrol, recovered about 610 litres of liquor from the petitioner’s house, his motorcycle and a neighbour’s old toilet, and identified the petitioner and his neighbour as the persons who attempted to flee. The petitioner contended that none of the liquor was found in his conscious possession, that he was not arrested at the scene, and that he had no role in the offence, seeking bail after being in custody for over a month. The prosecution opposed bail, citing an antecedent case, though the petitioner was already out on bail in that matter. The court considered the nature of the offence, the quantity seized, the petitioner’s cooperation, and the antecedent, and ordered bail on a bond of Rs 10,000 with two sureties, subject to conditions regarding appearance, non‑tampering with evidence and verification of antecedents. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether bail can be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act given the nature and quantity of seized liquor.
- Whether the petitioner’s alleged lack of conscious possession and prior criminal antecedent affect the bail decision.
Subjects
- bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedent
- seizure
- home delivery
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29540 of 2026
Arising Out of PS. Case No.-122 Year-2026 Thana- GORAUL District- Vaishali
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Rahul Kumar S/O Krishna Nandan Chaurasiya @ Krishnandan Prasad
Chaurasia R/V- Dhane Goraul, P.S.- Goraul, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar
For the Opposite Party/s : Ms. Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
07.03.2026 in connection with Goraul P.S. Case No. 122 of
2026 for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act.
3. The case of the prosecution, in brief, is that on
27.02.2026, the informant along with his police team was on
special patrolling duty on the occasion of Holi festival at
Godhiya Vegetables market and got secret information that
Rahul Kumar has hidden illegal IMFL in his house and in an old
toilet of Deo Narayan Bhagat near toddy tree behind his house
located in village Dhane Goraul and he along with his neighbour
Subodh Kumar is doing home delivery on motorcycle. After
Patna High Court CR. MISC. No.29540 of 2026(2) dt.04-05-2026
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informing the superior officer in this regard, the police team
reached the house of Rahul Kumar to verify the said information
and necessary action. Two persons were seen tying carton
behind on a motorcycle, who started running away after seeing
the police vehicle leaving behind the carton loaded on the
motorcycle, who were identified by the mahal chowkidar during
running away as Rahul Kumar and Subodh Kumar on torch
light, who were tried to be apprehended with the help of the
police team, but both of them managed to escape from the spot
by taking advantage of darkness and forest. On duly search of
the said motorcycle bearing reg. no. BR31AJ0894 parked in
front of the house of Rahul Kumar, 12 liters of illegal IMFL
kept in carton loaded on motorcycle was recovered, on search of
the house of Rahul Kumar, 7.500 litres of illegal IMFL was
recovered from his house and on search of the old toilet of Deo
Narayan Bhagat near toddy tree behind his house, altogether
610.010 litres of illegal Beer and IMFL kept in carton was
recovered from there.
4. Learned counsel for the petitioner submits that as
per the allegation as alleged in the FIR that petitioner has
escaped from the place of occurrence and name of the petitioner
has been disclosed by the local chowkidar. Learned counsel for
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the petitioner submits that it appears from the FIR itself that
nothing has been recovered from the conscious possession of
the petitioner and petitioner was not arrested from the place of
occurrence. Apart from that 600 liters of Indian made foreign
liquor was recovered, 12 liters of liquor was recovered from the
motorcycle, 7.5 liters of liquor was recovered from the house of
the petitioner and rest 580.510 liters was recovered from toilet
of Deonarayan Chaurasia. It is next submitted that petitioner has
no role at all in the present occurrence and is in custody since
07.03.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of one case other than the
present case but fairly submits that the petitioner is on bail in the
pending matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, 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 Excise Court No. 1-cum-District and Additional
Sessions Judge, Vaishali at Hajipur in connection with Goraul
P.S. Case No. 122 of 2026, subject to the following conditions:-
Patna High Court CR. MISC. No.29540 of 2026(2) dt.04-05-2026
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i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Gaurav Sinha/-
U T
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