Patna High Court
Rahul Kumar @ RahulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court inclined to grant bail to both petitioners subject to specified monetary sureties and conditions of appearance.
Summary
Petitioners Rahul Kumar and Multan Singh, who were the driver and co‑driver of a vehicle from which 448.2 litres of liquor were seized, were charged under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, that no liquor was found in their personal possession, that they did not own the vehicle, and that they have no prior criminal record. The State opposed bail, while the petitioners argued that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. The Patna High Court, after considering the circumstances and the period of custody, granted bail to both petitioners subject to monetary sureties and conditions of appearance. The order directed the release of petitioner No.1 on a bail bond of Rs.15,000 with two sureties and similar terms for petitioner No.2, with additional conditions for petitioner No.1 regarding family surety and trial attendance.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the accused are likely to flee or tamper with evidence given their alleged lack of ownership of the vehicle and absence of incriminating articles.
Legislation cited
Subjects
- bail
- excise offence
- liquor seizure
- Section 30(a)
- Section 103
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4094 of 2026
Arising Out of PS. Case No.-340 Year-2025 Thana- Excise P.S. District- Bhojpur
======================================================
1. Rahul Kumar @ Rahul S/o Sobhran Singh R/o Village - Mithpura, P.O and
P.S - Fatehabad, District - Agra, State - Uttar Pradesh
2. Multan Singh S/o Amrit Lal R/o Village - Bhagirathpur, P.O and P.S -
Fatehabad, District - Agra, State - Uttar Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar, Advocate
For the Opposite Party/s : Ms. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Excise
Ara P.S. Case No. 340 of 2025 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 448.200
litres of liquor was recovered from ambulance.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
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that petitioners are not the owner of the vehicle. It is further
submitted that petitioner no.1 is the driver of the vehicle in
question whereas petitioner no.2 is the co-driver and both the
petitioners have got no concern with the loaded articles/liquor.
The petitioners are in custody since 02.12.2025 and have no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioner no. 1 be released on bail, after
framing of charge, if not already framed, on furnishing bail
bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise Ara P.S. Case
No. 340 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner no.1.
(II) The petitioner no.1 shall appear on each and every
date fixed at the trial. In case of default in such appearance on
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two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioner no.1.
8. Let the petitioner no. 2 be released on bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Excise Ara
P.S. Case No. 340 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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