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Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, directing him to furnish a bail bond with sureties, subject to conditions.

Summary

The petitioner, Rakesh Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, after 341.685 litres of illicit liquor were recovered from two vehicles, one of which he owned. The prosecution alleged that the liquor was found in his Mahindra Scorpio, but no liquor was recovered from his possession or the vehicle at the time of arrest. The petitioner argued that he was falsely implicated solely because he is the registered owner and has no prior criminal record. The State opposed bail, citing the seriousness of the offence. The Court, considering the lack of direct evidence against the petitioner, his clean record, and his custody since 5 May 2026, ordered regular bail on a bond of Rs.10,000 with two sureties, subject to cancellation if a criminal antecedent later emerges.

Issues considered

  • Whether a person can be granted bail when the only link to the alleged offence is ownership of the vehicle from which illicit liquor was recovered.
  • Whether the absence of any incriminating article in the petitioner’s possession warrants bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Legislation cited

Subjects

  • bail
  • excise law
  • illicit liquor
  • vehicle ownership
  • regular bail
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40362 of 2026

                    Arising Out of PS. Case No.-317 Year-2024 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
                 ======================================================
                 Rakesh Kumar, S/o Ram Sajivan Ray, R/o Village - Mahuain Patdoura, P.S -
                 Bajpatti, District - Sitamarhi


                                                                                ... ... Petitioner/s
                                                      Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prasoon Kumar, Advocate
                                                  Mr. Chandra Kant Kumar, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                                  ORAL ORDER


2   01-07-2026                   Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Darbhanga Sadar P.S.

                   Case no.317 of 2024, registered under section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016.

                                 3. As per the prosecution case, while 64.125 litres of

                   IMFL was recovered from the Mahindra Scorpio vehicle, 277.56

                   litres was recovered from Mahendra Maximo van. A total of

                   341.685 litres of liquor was recovered. The informant states that

                   the driver of the vehicle managed to escape.
Patna High Court CR. MISC. No.40362 of 2026(2) dt.01-07-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that no

          incriminating article has been recovered either from the

          petitioner’s possession or from his vehicle. The cause of his

          false implication in the case is that he happens to be the

          registered owner of the Mahindra Scorpio vehicle from which

          the alleged quantity of 64.125 litres of IMFL has been

          recovered. The petitioner is in custody since 5.5.2026 and has

          no criminal antecedent.

                       5. The application for bail is opposed by learned

          A.P.P. for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegation against the petitioner in

          the F.I.R., the petitioner having been implicated on account of

          he being the owner of the vehicle from which recovery as

          aforesaid is said to have taken place, his being in custody since

          5.5.2026 and especially the petitioner not having any criminal

          antecedent, the petitioner is directed to be enlarged on bail in

          connection with Darbhanga Sadar P.S. Case no.317 of 2024 on

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

          two sureties of the like amount each to the satisfaction of the

          learned Exclusive Special Excise Court-I, Darbangha on the

          following condition :-
            Patna High Court CR. MISC. No.40362 of 2026(2) dt.01-07-2026
                                                        3/3




                                   (I) If it subsequently transpires that the petitioner has

                      any criminal antecedent, the prosecution will be at liberty to

                      move this Court for cancellation of bail granted to the petitioner.



                                                   (Partha Sarthy, J)
avinash/-

U      T


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