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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to monetary and attendance conditions.

Summary

The petitioners, Rahul Kumar and Jitesh Kumar, were arrested after police intercepted a vehicle and recovered 236 litres of illicit foreign liquor, charging them under section 30(a) of the Bihar Prohibition & Excise Act. The petitioners contended they were not in possession of the liquor and were falsely implicated, offering to donate Rs.25,000 each to a charitable organization without admitting guilt. The State opposed the bail application. The High Court, after considering the facts and the petitioners' submissions, granted regular bail on a bond of Rs.10,000 each with two sureties, conditioned on the donation of Rs.25,000 each to the Ramakrishna Mission and mandatory weekly attendance at the Teghra Police Station. The order expressly limited its observations to the bail application and did not prejudice the trial. The bail bonds are to be accepted only after verification of the donation receipts.

Issues considered

  • Whether bail should be granted to the accused in a case under section 30(a) of the Bihar Prohibition & Excise Act where the accused claim lack of possession and innocence.

Legislation cited

Subjects

  • bail
  • prohibition
  • excise
  • illicit liquor
  • section 30(a)
  • Bihar
  • surety
  • charitable donation
  • police attendance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41501 of 2026
                     Arising Out of PS. Case No.-226 Year-2026 Thana- TEGHRHA District- Begusarai
                 ======================================================
           1.     Rahul Kumar S/O Dholan Sharma R/O Village- Salempurtitu, Ward No. 07,
                  P.S- Teghra, District- Begusarai, Bihar.
           2.    Jitesh Kumar S/O Surendra Rai @ Surendra Ray R/O Village-
                 Paigamberpur, Ward No. 11, P.S.- Teghra, Dist.- Begusarai (Bihar).

                                                                                     ... ... Petitioners
                                                          Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners        :         Mr. Shivam Prerna, Advocate
                 For the State              :         Mr. Sanjay Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-06-2026                         Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor appearing on behalf of the

                   State.

                                       2.       The    petitioners    seek     regular      bail    in

                   connection with Teghra P.S. Case No.226 of 2026 registered for

                   the offence under section 30(a) of the Bihar Prohibition &

                   Excise Act.

                                       3.       The police intercepted a Bolero vehicle and

                   recovered about 236 litres of illicit foreign liquor from the said

                   vehicle and also arrested the petitioners.

                                       4.       The    petitioners    are    in     custody     since

                   07.05.2026.

                                       5.       It has been submitted by learned counsel for
Patna High Court CR. MISC. No.41501 of 2026(2) dt.25-06-2026
                                            2/3




          the petitioners that the petitioners are innocent and have falsely

          been implicated in this case. It has further been submitted that

          nothing has been recovered from the conscious possession of

          these petitioners.

                          6.      It has also been submitted that the petitioners

          are ready to donate Rs.25,000/- each in some charitable

          organization without accepting their guilt.

                          7.      Learned APP appearing for the State opposes

          the prayer for bail of the petitioners.

                          8.      Considering the facts and circumstances of

          the case and also the submissions of learned counsel for the

          petitioners, this bail application is allowed.

                          9.      Let the petitioners, above named, be released

          on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned Exclusive Special Excise Judge- I, Begusarai /

          concerned Court below, in connection with Teghra P.S. Case No.

          226 of 2026.

                          10.     This is also subject to the condition that the

          petitioners shall deposit an amount of Rs.25,000/- each

          Ramakrishna Mission Sevashrama, Swami Vivekananda Path,

          Bela, Muzaffarpur, and produce the receipt of the same before
              Patna High Court CR. MISC. No.41501 of 2026(2) dt.25-06-2026
                                                          3/3




                        the Court below at the time of furnishing their bail bonds. The

                        bail bonds of the petitioners shall only be accepted after

                        verifying the genuineness of the receipt produced by them.

                                        11.     This is also subject to the condition that the

                        petitioners shall also mark their attendance at Teghra Police

                        Station, District- Begusarai 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 petitioners 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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