Patna High Court
Raunak KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond of Rs.10,000 and stipulated conditions for his release.
Summary
The petitioner, Raunak Kumar, was arrested on 14 April 2026 in connection with a case involving the seizure of 163.5 litres of country-made liquor from a vehicle, alleged to violate Sections 30(a), 33 and 34 of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he was not the owner of the vehicle and that the charge was based solely on suspicion, with no further incriminating evidence uncovered during investigation. The State opposed bail, highlighting the recovery of illicit liquor and noting that the petitioner had another pending case. The Court examined the lack of substantive evidence linking the petitioner to the offence and, considering the principle of bail for offences not involving grave violence, ordered his release on bail. Bail was granted on a bond of Rs.10,000 with two sureties and several conditions, including cooperation with the trial and non‑tampering with evidence.
Issues considered
- What is the appropriate bail disposition for a petitioner arrested on suspicion of offences under the Bihar Prohibition and Excise (Amendment) Act, 2022?
- Whether the mere recovery of illicit liquor and the petitioner’s alleged prior case justify denial of bail?
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 33, 34
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- suspicion
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39910 of 2026
Arising Out of PS. Case No.-240 Year-2026 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Raunak Kumar S/o Manoj Kumar Singh @ Manoj Kumar Resident of Village
- More Dihri, P.S. -Jamhor, District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Devesh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-06-2026 Heard Mr.Devesh Kumar Singh, learned counsel for
the petitioner and Mr.Pradeep Narain Kumar, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
14.04.2026 in connection with Town P.S. Case No. 240 of
2026/G.R. No. 209 of 2026,F.I.R. dated 13.04.2026 registered
for the offence punishable under Sections 30(a), 33,34 of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Recovery is of 163.5 liters of country made liquor.
4. Learned counsel appearing for the petitioner
submits that from a bare perusal of the FIR it appears that the
recovery has been made from the vehicle in question and
petitioner is not the owner of the vehicle in question and he has
Patna High Court CR. MISC. No.39910 of 2026(2) dt.23-06-2026
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been made accused in the present case merely on the basis of
suspicion and except the suspicion, nothing has come during
investigation against the petitioner to suggest the involvement of
the petitioner in the present occurrence and the petitioner is in
custody since 14.04.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner was
apprehended alongwith illicit liquor, apart from that, the
petitioner carries one more case other than the present one, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, 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 learned District & Additional Sessions
Judge-cum-Exclusive Special Judge, Excise Court No.-1,
Aurangabad in connection with Town P.S. Case No. 240 of
2026/G.R. No. 209 of 2026, with 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.39910 of 2026(2) dt.23-06-2026
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(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
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)
Nitesh/-
U T
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