Patna High Court
Rakesh Kumar Srivastwa @ Rakesh Kumar SriwastavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner upon the condition of a Rs.10,000 bond and two sureties.
Summary
Rakesh Kumar Srivastwa was arrested for allegedly possessing 9 litres of illicit foreign liquor while riding a bike, and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was innocent, argued that the liquor was not recovered from him, and contended that the police failed to follow Section 105 of the Bihar Narcotic Substances Act during the seizure. He had been in judicial custody since 26 March 2026, and the State opposed bail citing a prior criminal case. After hearing both sides, the court found the bail application reasonable despite the alleged procedural lapse and the antecedent. The court ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, subject to the satisfaction of the Exclusive Special Excise Court‑II, Buxar.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of the alleged liquor was lawful given the alleged non‑compliance with Section 105 of the Bihar Narcotic Substances Act.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- illegal liquor
- seizure
- Section 105
- criminal antecedent
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30339 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- Chakki District- Buxar
======================================================
Rakesh Kumar Srivastwa @ Rakesh Kumar Sriwastav S/o- Yogendra Prasad
Srivastwa @ Yogendra Prasad Sriwastav @ Yogendra Prasad Resident of
Village- Sahiyar Police Station- Simri District-Buxar, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate.
For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 22-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that from
the possession of this petitioner who was driving bike,
altogether 09 liters of illicit country-made foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that nothing has been recovered from the
Patna High Court CR. MISC. No.30339 of 2026(3) dt.22-06-2026
2/2
possession of the petitioner. The witnesses of the seizure list are
police personnel and the police has not complied with Section
105 of the BNSS while making the seizure. Moreover, the
petitioner is languishing in judicial custody since 26.03.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court-II, Buxar in connection with
Chakki P.S. Case No. 22 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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