Patna High Court
Rahul Kumar @ Rahul Kumar PalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner subject to a bond and sureties.
Summary
The petitioner, Rahul Kumar, was arrested in connection with a case (Magadh University P.S. Case No. 77 of 2026) involving the alleged recovery of 336.625 liters of foreign liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no possession of the liquor, no incriminating material was found on him, and that he was falsely implicated, having been in custody since 11 March 2026. The State, represented by the Additional Public Prosecutor, opposed the bail application. The Court, after considering the facts, the period of custody already served, and the lack of direct evidence linking the petitioner to the liquor, decided to grant bail. Bail was conditioned on a bond of Rs. 10,000 with two sureties of the same amount, to be satisfied before the Special Judge, Excise‑I, Gaya, and the order was limited to the bail application without prejudice to the merits of the trial.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the nature of the alleged offence and the circumstances of his custody?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- foreign liquor
- criminal procedure
- presumption of innocence
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29950 of 2026
Arising Out of PS. Case No.-77 Year-2026 Thana- MAGADH UNIVERSITY District- Gaya
======================================================
Rahul Kumar @ Rahul Kumar Pal Son of Ravindra Kumar Pal Resident of
Village - Nadwa Kewali, Ps- Dhanrua, Dist- patna
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baijnath Sah, Adv.
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Magadh University P.S. Case No. 77 of 2026
registered for the offences punishable under Sections 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case is that 336.625 liters of
foreign liquor was recovered from the vehicle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The petitioner is
in custody since 11.03.2026 and has got clean criminal
Patna High Court CR. MISC. No.29950 of 2026(2) dt.06-05-2026
2/2
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Manish Kumar Shahi A.S.J. cum Exclusive Special Judge
Excise-i, Gaya Jee/concerned Court in connection with Magadh
University P.S. Case No. 77 of 2026
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
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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