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Patna High Court

Raunak KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                                      (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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