Patna High Court
Akhilesh Raut @ Akalesh Raut @ Akalesh RawatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that the petitioner deserves bail and ordered his release on regular bail.
Summary
The petitioner, Akhilesh Raut, was arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no liquor or incriminating article was found in his possession, and that the alleged seizure was made from a public area far from his residence without a proper seizure list or independent witnesses. The petitioner had been in custody since 12 April 2026 and had only one prior criminal antecedent. The State opposed the bail application. After considering the submissions, the Court found that the petitioner merited relief and ordered his release on regular bail upon furnishing a bond of Rs. 20,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the alleged seizure of liquor was conducted in accordance with law and thus justifies denial of bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- false implication
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31933 of 2026
Arising Out of PS. Case No.-50 Year-2026 Thana- SAHAJITPUR District- Saran
======================================================
Akhilesh Raut @ Akalesh Raut @ Akalesh Rawat, S/o Chhathi Lal Rawat,
R/o Village- Bangali Patti, P.S.- Sahajitpur, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-05-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Sahajitpur P.S. Case No. 50 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The main submissions advanced by the petitioner’s
counsel are that the petitioner is innocent and he has been
falsely implicated in the present matter due to high-handedness
of the police and no liquor or incriminating article has been
recovered from the conscious possession or house of the
petitioner. It is further submitted that the alleged recovery has
been made from the open place namely inside the Nahar Bandh
area which is accessible to all and the house of the petitioner is
situated far away from the alleged place of recovery and the
Patna High Court CR. MISC. No.31933 of 2026(2) dt.12-05-2026
2/2
seizure list has not been prepared in accordance with law and no
independent witness has supported the alleged seizure and the
petitioner has been languishing in jail since 12.04.2026 and
except one antecedent, he has no further criminal antecedent.
4. Learned APP for the State has opposed the prayer
for bail of the petitioner.
5. In the facts and circumstances of this case, and
considering the statements made in the petition as well as the
above submissions, in my opinion, the petitioner deserves the
relief of bail. Accordingly, let the petitioner named-above be
released on bail on furnishing bail bond of Rs. 20,000/- (Rupees
Twenty Thousand) with two sureties of the like amount each to
the satisfaction of the concerned Court in connection with
Sahajitpur P.S. Case No. 50 of 2026.
(Shailendra Singh, J)
maynaz/krishna
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