Patna High Court
Rakesh Kumar Shrivastava @ Rakesh SrivastavaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to bail.
Summary
The petitioner, Rakesh Kumar Shrivastava, applied for bail in a case under the Bihar Excise Act alleging recovery of 643.98 litres of liquor and seizure of a motorcycle. He has two prior cases, one under the Excise Act, and has been in custody since 10 May 2026. The petitioner argued that he was not caught in the act, no liquor was found in his possession, and the case against him rests solely on a confessional statement of another accused, which lacks evidentiary value. The State opposed bail, citing the seriousness of the offences. Considering the lack of direct evidence and the period of custody, the court granted bail on a bond of Rs. 5,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the nature of the offences under the Bihar Excise Act and the reliance on a confessional statement of another accused.
Legislation cited
- Bihar Excise Act — s. 30(a), 30(b), 32(i)(ii), 41/62
Subjects
- bail
- excise law
- liquor seizure
- confessional statement
- criminal procedure
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38937 of 2026
Arising Out of PS. Case No.-177 Year-2023 Thana- BAHADURPUR District- Darbhanga
======================================================
Rakesh Kumar Shrivastava @ Rakesh Srivastava S/O Late Shiv Nath Prasad
Das @ Late Shiv Nath Prasad R/O Village- Bhojpurwa(Bhajpurwa),PS-
Manjhagarh(Manjha), District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lokesh Kumar Singh
For the Opposite Party/s : Mr. Damodar Prasad Tiwary
======================================================
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 30(a), 32(i)(ii), 30(b) and
41/62 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases out of which one case is
under the Excise Act and is in custody since 10.05.2026 and
allegation is of recovery of 643.98 liters of liquor from a place
behind the house of Ranjay and a motorcycle was seized.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
Patna High Court CR. MISC. No.38937 of 2026(2) dt.01-07-2026
2/2
owner of the seized vehicle and came to be implicated based on
confessional statement of apprehended accused in police
custody which does not have any evidentiary value.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the
period of custody, the petitioner above-named, is directed to be
released on bail on furnishing bail bonds of Rs. 5000/- (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 Bahadurpur P.S.
Case No. 177 of 2023.
(Satyavrat Verma, J)
Rishabh/-
U T
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