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Patna High Court

Rajeev KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court grants bail to the petitioner subject to a bond of Rs. 10,000 and two sureties.

Summary

The petitioner, Rajeev Kumar, was arrested in connection with Mahua Excise P.S. Case No. 61 of 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, based on the recovery of 582.84 liters of illicit foreign liquor from his premises. The petitioner contended that he was falsely implicated, asserting that no incriminating material was found in his conscious possession and that he had no involvement in the liquor seizure. He had been in custody since 29 March 2026 and sought bail, while the Additional Public Prosecutor opposed the relief. The Court, after considering the facts, the period of custody, and the lack of direct evidence against the petitioner, decided to grant bail. Bail was conditioned on a bond of Rs. 10,000 with two sureties of the same amount, and the Court clarified that its observations were prima facie and would not affect the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of direct incriminating material.

Legislation cited

Subjects

  • bail
  • excise
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29997 of 2026
                   Arising Out of PS. Case No.-61 Year-2026 Thana- EXCISE MAHUWA District- Vaishali
                 ======================================================
                 Rajeev Kumar S/O Jagdish Prasad Chaurasiya @ Jagdish Bhagat R/O Vill.-
                 Chhatwara Raybhan (Ward no.9), P.s.- Mahua, Dist.- Vaishali.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nidhi Anand
                 For the Opposite Party/s :       Mr.Rana Randhir Singh
                 ======================================================
                 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 seeks bail in connection with Mahua

                   Excise P.S. Case No. 61 of 2026 registered for the offences

                   punishable under Sections 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case is that 582.840 liters of illicit

                   foreign liquor was recovered from the premises of the petitioner.

                                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 29.03.2026 and has got one criminal
           Patna High Court CR. MISC. No.29997 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 the Court

                     of learned ESEC-II, Vaishali at Hajipur/concerned Court in

                     connection with Mahua Excise P.S. Case No. 61 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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