Patna High Court
Rikesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with conditions.
Summary
Rikesh Kumar was arrested on 16 April 2026 for alleged possession of 36.22 litres of illicit foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was falsely implicated, arguing that the liquor was planted by police and that the seizure list, prepared by police officers, violated procedural requirements of Sections 103 and 105 of the BNSS. The prosecution opposed bail, but the court considered the lack of direct possession and the alleged procedural lapses. The High Court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was made subject to cancellation if the petitioner violated any condition.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the alleged procedural irregularities.
- Whether the seizure and recovery of liquor complied with Sections 103 and 105 of the BNSS.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 103, 105
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- procedural compliance
- police planting evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33583 of 2026
Arising Out of PS. Case No.-119 Year-2026 Thana- MAKER District- Saran
======================================================
Rikesh Kumar S/o Anat Rai @ Anath Ray Resident of Village- Bagahi, P.S.-
Panapur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar S.K. Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 14-05-2026 Heard Mr. Sanjay Kumar S.K, learned counsel for the
petitioner and Mr. Upendra Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.04.2026 in connection with Maker P.S. Case No. 119 of
2026, F.I.R. dated 15.04.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 36.22 liters of illicit foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather police have planted
the same and has shown that the recovery has been made from
Patna High Court CR. MISC. No.33583 of 2026(2) dt.14-05-2026
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the conscious possession of the petitioner. The seizure list
witnesses are police personnel and there is non-compliance of
Sections 103 and 105 of the BNSS. The petitioner is in custody
since 16.04.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Special
Judge of 3rd Exclusive Special Excise Court, Saran at Chapra in
connection with Maker P.S. Case No. 119 of 2026, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
Patna High Court CR. MISC. No.33583 of 2026(2) dt.14-05-2026
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verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
U T
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