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Patna High Court

Rajan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to a monetary bond, sureties, and compliance with statutory conditions.

Summary

The petitioner, Rajan Kumar, was arrested after a chase and the recovery of eight litres of country-made liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition & Excise Act. He claimed innocence, arguing that the arrest was based merely on suspicion and that no incriminating material was found on his person. The State opposed his bail application. Considering the quantity of liquor recovered, the duration of his custody since May 7, 2026, and his antecedent of three cases for which he is already on bail, the court decided to grant bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties, one of whom must be a close relative, and compliance with Section 480(3) of BNSS and other attendance conditions. The petitioner was ordered to be released on bail subject to these conditions.

Issues considered

  • What is the appropriateness of granting bail to the petitioner under Section 30(a) of the Bihar Prohibition & Excise Act?
  • Does the quantity of liquor recovered and the petitioner’s antecedent justify continued detention?
  • Are the conditions imposed under Section 480(3) of BNSS sufficient to ensure the petitioner’s compliance?

Legislation cited

Subjects

  • bail
  • excise
  • prohibition act
  • Section 30(a)
  • high court
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42123 of 2026
                       Arising Out of PS. Case No.-242 Year-2026 Thana- Excise P.S. District- Rohtas
                 ======================================================
                 Rajan Kumar, Son of Shankar Sonkar, Resident of Village- Yusufchak Takiya,
                 Ward No. 10, P.S.- Sasaram (Town), District- Rohtas at Sasaram

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Jai Prakash Singh, Advocate
                 For the Opposite Party/s :         Mrs.Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-07-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Sasaram Excise P.S. Case No. 242 of 2026,

                   registered for the alleged offence under Section 30(a) of the

                   Bihar Prohibition & Excise Act.

                                3. As per prosecution case, the petitioner was

                   apprehended after chase and recovery of 8 liters of country

                   made liquor was made from the possession of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. The petitioner was apprehended merely on suspicion and

                   this fact is also apparent from the FIR. Nothing incriminating

                   has been recovered from the person/possession of the petitioner.
Patna High Court CR. MISC. No.42123 of 2026(2) dt.01-07-2026
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          The recovery has been made near the boundary of a college and

          that place is accessible to all. The petitioner is in custody since

          07.05.2026 and is having antecedent of three cases and he is on

          bail in all these cases.

                       5. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          quantity of liquor recovered and further considering the period

          of custody of the petitioner, the petitioner above named is

          directed to be released on bail on furnishing bail bonds of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Exclusive Special Judge,

          Excise Court No.1, Rohtas at Sasaram/court concerned in

          connection with Sasaram Excise P.S. Case No. 242 of 2026,

          subject to the conditions mentioned in Section 480(3) of BNSS

          and the following conditions:

                       (i) One of the bailors will be a close relative of

                       the petitioner.

                       (ii) The petitioner will remain present on each

                       and every date fixed by the court below.

                       (iii) In case of absence on three consecutive
           Patna High Court CR. MISC. No.42123 of 2026(2) dt.01-07-2026
                                                       3/3




                                  dates or in violation of the terms of the bail, the

                                  bail bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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