Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition & Excise Act — s. 30(a)
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
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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
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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/-
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