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Patna High Court

Rikesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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