Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Rajesh Kumar, owner of an e‑rickshaw, faced arrest after 27 litres of illicit liquor were recovered from his vehicle in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the vehicle was misused by the driver and that he was innocent, offering to donate Rs.10,000 to a charitable organization without admitting guilt. The High Court, after hearing both sides, allowed the bail application, directing that the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to Section 438(2) of the CrPC and Section 482 of the BNSS. Additional conditions required the petitioner to deposit Rs.10,000 with the Ramakrishna Mission and produce the receipt, and the lower court was instructed to verify that the petitioner had no other antecedents under the Excise Act. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner under Section 438(2) of the CrPC and Section 482 of the BNSS in a case under the Bihar Prohibition and Excise Act.
- Whether the petitioner’s claim of innocence and alleged misuse of the e‑rickshaw by the driver justify bail.
- Whether the condition of a charitable donation can be imposed as a condition of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- e‑rickshaw
- misuse
- charitable donation condition
- Section 30(a)
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38146 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- MANER District- Patna
======================================================
Rajesh Kumar Son of Dinesh Prasad Yadav R/v- Daldali Road, P.s- Danapur,
Dist-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ghanshyam Tiwary, Advocate
For the State : Mr.Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends arrest in connection with
Maner P.S. Case No. 86 of 2026 registered for the offence under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The petitioner is the owner of E-rickshaw from
which 27 liters of illicit liquor has been recovered.
4. Learned counsel for the petitioner submits that the
petitioner is the owner of the E-rickshaw and the same has been
misused by the driver.
5. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. The petitioner claims that he is not
accused in any case under the Excise Act.
Patna High Court CR. MISC. No.38146 of 2026(2) dt.16-06-2026
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6. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 10,000/- in some charitable
organization without accepting his guilt.
7. Considering the aforesaid fact, this application is
allowed.
8. Let the petitioner, above named, in the event of his
arrest or surrender before the concerned Court below within four
weeks from today, 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 Exclusive Special
Judge, Excise, Danapur, Patna/ concerned Court below in
connection with Maner P.S. Case No. 86 of 2026, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
9. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 10,000/- in
Ramakrishna Mission Ashrama, Ramakrishna Avenue, Nala
Road Patnaand produce the receipt of the same before the Court
below. The bail bonds of the petitioner shall be accepted after
verifying the genuineness of the receipt produced by the
petitioner.
10. Furthermore, as the petitioner claims to have only
Patna High Court CR. MISC. No.38146 of 2026(2) dt.16-06-2026
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one criminal antecedent under the Bihar Prohibition and Excise
Act, i.e., Maner P.S. Case No. 86 of 2026, the Court below,
before accepting the bail bonds of the petitioner is directed to
verify the antecedent of the petitioner under the Excise Act. If
the petitioner is found to be involved in any other case under the
Excise Act except Maner P.S. Case No. 86 of 2026, then his bail
bonds shall not be accepted.
11. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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