Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.