Patna High Court
Rakesh Kumar @ GolaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to bail as there is no material evidence of possession and the investigation appears to have been conducted mechanically.
Summary
Rakesh Kumar was arrested in connection with an alleged recovery of 600 litres of liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner argued that he was not caught in possession, the liquor was recovered from a public bank, and the case was filed mechanically without proper investigation. The State opposed regular bail. The court noted the absence of any seized liquor from the petitioner’s possession, the lack of a thorough investigation, and the petitioner’s custody since 6 April 2026. Considering these factors, the court ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail order was directed to be recorded before the trial court handling the case.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the circumstances of arrest, lack of possession, and alleged mechanical investigation justify granting bail.
Subjects
- bail
- excise
- prohibition
- liquor
- criminal procedure
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30855 of 2026
Arising Out of PS. Case No.-156 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Rakesh Kumar @ Gola S/o Sanjivan Ray @ Sajivan Ray R/o Nurudinganj,
P.S. - Malsalami, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Arya, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 600 litres of liquor from the bank of
Noordinganj Ghjat.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner and
is accessible to villagers at large. It is further submitted that
petitioner came to be implicated at the instance of the local person
but then it is submitted that once an accused is implicated in a case
Patna High Court CR. MISC. No.30855 of 2026(2) dt.04-05-2026
2/2
relating to excise the police start implicating mechanically either at
the instance of the Chawkidar, local person, confessional statement
or secret information without holding a proper investigation of the
case. It is next submitted that petitioner is in custody since
06.04.2026.
5. Learned A.P.P. for the State opposes the prayer for
regular bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner, above-
named, is directed to be released on bail on furnishing bail bonds of
Rs.5,000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where the
case is pending in connection with Malsalami P.S. Case No. 156 of
2026.
(Satyavrat Verma, J)
Kundan/-
U T
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