Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Rahul Kumar was arrested in connection with a case alleging that 175.8 litres of illicit foreign liquor were seized from a marriage hall and a hutment, violating Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no involvement, that nothing was recovered from his possession, and that the seizure was not conducted in accordance with Section 105 of the BNSS. He had been in judicial custody since 12 March 2026 and claimed a false implication, while the State highlighted a prior criminal antecedent. After hearing both sides, the Patna High Court found the bail application reasonable and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was directed to be complied with by the Exclusive Special Judge, Excise, Court‑I Rohtas.
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 liquor complied with the procedural requirements of Section 105 of the BNSS.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- seizure
- Section 105
- criminal antecedent
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31658 of 2026
Arising Out of PS. Case No.-125 Year-2026 Thana- DEHRI TOWN District- Rohtas
======================================================
Rahul Kumar S/O Late Vinod Rajak @ Vinod Ram R/O Village- Barah
Pathar, Ward NO. 36, P.S.- Dehri, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Singh, Advocate.
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Dehri (Town) P.S. Case No. 125 of 2026 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 besides
a marriage hall, from a hutment, altogether 175.8 liters of illicit
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 the petitioner is not concerned in any
way with the said marriage hall or the hutment. He further
Patna High Court CR. MISC. No.31658 of 2026(2) dt.14-05-2026
2/2
submits that nothing has been recovered from the 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 12.03.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has 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 Judge, Excise, Court-I Rohtas at Sasaram in
connection with Dehri (Town) P.S. Case No. 125 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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