Rahul KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32341 of 2026
                       Arising Out of PS. Case No.-214 Year-2026 Thana- Excise P.S. District- Purnia
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                 Rahul Kumar, S/O Nand Lal Ray, R/O Village- Rasulpur Fatta, P.S.- Chera
                 Kala Khatra, District- Vaishali

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Aashish Kumar, Adv.
                 For the Opposite Party/s :         Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                        Heard the parties.

                                2. Petitioner seeks regular bail in connection with

                   Excise P.S. Case No. 214 of 2026 registered for the offences

                   punishable under sections 30(a) and 47 of the Bihar Prohibition

                   and Excise Act.

                                3. The main submissions advanced by petitioner’s

                   counsel are that the petitioner is innocent and has falsely been

                   implicated in the present case merely on the basis of suspicion

                   and he has been languishing in jail since 07.04.2026. It is further

                   submitted that though the prosecution alleges recovery of

                   500.600 litres of foreign liquor and beer from a public vehicle

                   bearing registration No. WB330-7964, admittedly no recovery

                   has been made from the conscious possession of the petitioner. It

                   is further submitted that from bare perusal of the FIR and seizure
             Patna High Court CR. MISC. No.32341 of 2026(2) dt.12-05-2026
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                       list, it would appear that no independent witness was made to the

                       alleged search and seizure and there is no cogent or reliable

                       material connecting the petitioner with the seized liquor or the

                       vehicle in question and further, the seized vehicle neither belongs

                       to the petitioner nor he was the driver of the said vehicle.

                                    4. Learned APP for the State has opposed the prayer of

                       the petitioner.

                                    5. In the facts and circumstances of this case and

                       considering the statements made in the petition as well as above

                       submissions coupled with petitioner’s young age and also the fact

                       that the witnesses of the seizure are police personnel, so, the

                       release of the petitioner on bail at this stage will not affect the

                       prosecution in any manner, this Court is inclined to release him

                       on 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 court concerned in connection with Excise P.S.

                       Case No. 214 of 2026.



                                                 (Shailendra Singh, J)
annu/-

U        T