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
- Bihar Prohibition and Excise Act — s. 30(a)
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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