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Patna High Court

Rakesh Rai @ Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to a bond of Rs. 5,000 and two sureties.

Summary

Rakesh Rai was arrested in connection with the alleged recovery of 295.560 litres of liquor from a mango orchard belonging to a third party, and charged under IPC sections 272, 273, 34 and Section 30(a) of the Bihar Excise Act. The petitioner, who has three prior excise cases and has been in custody since 15‑04‑2026, argued that he was not arrested at the spot, no liquor was found in his possession, and that the orchard does not belong to him; he claimed the complaint was instigated by a watchman with whom he has an inimical relationship. The State opposed bail, citing the seriousness of the offences and the petitioner’s antecedent record. The Court, after considering the submissions and the period of custody, ordered the petitioner’s release on bail upon furnishing a bond of Rs. 5,000 with two sureties of the same amount. The bail order was directed to be complied with by the trial court handling the case.

Issues considered

  • Whether bail should be granted to the accused despite the seriousness of the offences under IPC 272, 273, 34 and the Bihar Excise Act.
  • Whether the absence of seizure of liquor from the accused’s possession and the alleged antagonistic relationship with the complainant affect the bail decision.
  • Whether the petitioner’s prior excise cases warrant denial of bail.

Legislation cited

Subjects

  • bail
  • IPC 272
  • IPC 273
  • IPC 34
  • Bihar Excise Act 30(a)
  • liquor smuggling
  • prior criminal record
  • seizure of contraband
  • police arrest

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36005 of 2026
                    Arising Out of PS. Case No.-50 Year-2024 Thana- HATHAURI District- Muzaffarpur
                 ======================================================
                 Rakesh Rai @ Rakesh Kumar Son of Rambriksh Rai @ Budha Rai Resident
                 of Village- Berai PS -Hathauri Distt -Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashank Shekhar
                 For the Opposite Party/s :       Mr.Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 272, 273 and 34 of the IPC

                   and Section 30(a) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of three cases under the Excise Act and

                   is in custody since 15-4-2026 and allegation is of recovery of

                   295.560 litres of liquor from a mango orchard of Pankaj.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and petitioner has no concern or relation with Pankaj and he
              Patna High Court CR. MISC. No.36005 of 2026(2) dt.01-07-2026
                                                          2/2




                        came to be implicated at the instance of Chowkidar with whom

                        he is on an inimical term.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned

                        counsel for the petitioner and taking into consideration the

                        period of custody, let the petitioner, above named, be released

                        on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Hathauri P.S. Case

                        No. 50 of 2024.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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