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Patna High Court

Rahul Kumar @ RahulversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.4094 of 2026(2) dt.27-01-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.4094 of 2026(2) dt.27-01-2026
                                                       3/3




                     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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