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Patna High Court

Rajesh Kumar @ Rajesh Singh @ Munna SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                          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


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