Patna High Court
Rajesh Kumar @ Rajesh Singh @ Munna SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to a bond, sureties, a charitable donation, and regular police station attendance.
Summary
The petitioner, Rajesh Kumar, was arrested in connection with a case under the Bihar Prohibition & Excise Act and the B.N.S., 2023 after police recovered 81 litres of illicit liquor, including 30 litres allegedly from his house. He contended that no liquor was found in his conscious possession and that his involvement was based solely on a co-accused's confession, offering to donate Rs.25,000 to a charitable institution without admitting guilt. The State opposed his bail, but the court, after considering the circumstances and the petitioner's readiness to comply with conditions, granted regular bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, a donation of Rs.25,000 to the Ramakrishna Mission, and mandatory weekly attendance at the Karhagar Police Station. The order clarified that the bail decision does not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the petitioner under sections of the Bihar Prohibition & Excise Act and B.N.S., 2023.
- Whether the absence of liquor in the petitioner's conscious possession and reliance on a co-accused's confession justify bail.
- Whether the imposed conditions of donation and regular police station attendance are appropriate for bail.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a), 41(1)
- B.N.S., 2023 — s. 111(2), 274, 275
Subjects
- bail
- prohibition act
- excise
- illicit liquor
- criminal procedure
- surety
- charitable donation condition
- police attendance condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41496 of 2026
Arising Out of PS. Case No.-215 Year-2026 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Rajesh Kumar @ Rajesh Singh @ Munna Singh, son of Jagnarayan
Chaudhary, Resident of Moh. - Ayugal Deep Apartment, Flat No. A/301,
Phulwari, P.S.- Phulwari Sharif, District - Patna, At Present - Resident of -
Badhari, P.S.- Karhagar, District - Rohtas.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Eashita Raj, Advocate
For the Opposite Party : Mr. Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor appearing on behalf of the
State.
2. The petitioner seeks regular bail in
connection with Motihari Muffasil P.S. Case No.215 of 2026
registered for the offence under sections 30(a) and 41(1) of the
Bihar Prohibition & Excise Act. Later on, sections 274, 275 and
111(2) of the B.N.S., 2023 were also added.
3. The police party apprehended five persons
and recovered about 81 litres of country made liquor from their
houses. It is alleged that from the house of the petitioner about
30 litres of country made liquor has been recovered.
4. The petitioner is in custody since
12.05.2026.
Patna High Court CR. MISC. No.41496 of 2026(2) dt.25-06-2026
2/3
5. It has been submitted by learned counsel for
the petitioner that nothing has been recovered from the
conscious possession of the petitioner and the petitioner was not
arrested from the spot and his name has come in the case on the
basis of confessional statement of co-accused.
6. It has also been submitted that the petitioner
is ready to donate Rs.25,000/- in some charitable organization
without accepting his guilt.
7. Learned APP appearing for the State opposes
the prayer for bail of the petitioner.
8. Considering the facts and circumstances of
the case and also the submissions of learned counsel for the
petitioner, this bail application is allowed.
9. 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
the learned Special Excise Court No.1, East Champaran,
Motihari / concerned Court below, in connection with Motihari
Muffasil P.S. Case No.215 of 2026.
10. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.25,000/- in
Ramakrishna Mission Sevashrama, Swami Vivekananda Path,
Patna High Court CR. MISC. No.41496 of 2026(2) dt.25-06-2026
3/3
Bela, Muzaffarpur, and produce the receipt of the same before
the Court below at the time of furnishing bail bonds. The bail
bonds of the petitioner shall only be accepted after verifying the
genuineness of the receipt produced by him.
11. This is also subject to the condition that the
petitioner shall also mark his attendance at Karhagar Police
Station, District- Rohtas on every Sunday of the month. Any
default in appearance at the Police Station would result in
cancellation of bail bonds of the petitioner.
12. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.