Patna High Court
Rajnish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted to the petitioner.
Summary
The petitioner, Rajnish Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 29.55 litres of liquor recovered from two motorcycles. He claimed innocence, stating that no incriminating material was found in his possession, he had no prior criminal record, and the police had implicated him on extraneous considerations. The prosecution opposed bail, while the petitioner’s counsel highlighted the lack of evidence, clean antecedents, and the fact that Section 103 of the BNSS, 2023 had not been complied with. The court, after considering these factors, decided to grant bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount. Consequently, the petitioner was ordered to be released on bail.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the absence of incriminating material, clean antecedent, and non‑compliance of Section 103 of the BNSS, 2023
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal procedure
- clean antecedent
- custody
- Section 103 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3477 of 2026
Arising Out of PS. Case No.-183 Year-2025 Thana- Pachpakdi District- East Champaran
======================================================
Rajnish Kumar S/o- Shambhu Giri Resident of Village- Jafarpur PS-Sheohar
District- Sheohar Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yashraj Bardhan, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Pachpakari PS Case No. 183 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 29.55 liters
liquor was recovered from two motorcycles.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that petitioner has been implicated by the police on extraneous
Patna High Court CR. MISC. No.3477 of 2026(2) dt.19-01-2026
2/2
consideration. The petitioner is in custody since 25.11.2025 and
has got no criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner and the period of
custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Pachpakari PS Case
No. 183 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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