Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a Rs 10,000 bond, two sureties, and conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioner, Rajesh Kumar, was arrested for allegedly transporting 82.8 litres of Nepali liquor in an e‑rickshaw, violating Sections 30(A) and 41(1) of the Bihar Prohibition & Excise Act, 2016. He claimed he was merely a passenger, not the driver or owner, and that no incriminating material was found on him. The petitioner had a clean antecedent and had been in custody since 27‑04‑2026. The State opposed bail, but the court considered the nature of the allegation, the petitioner’s clean record, and the length of custody. The court ordered his release on bail of Rs 10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety and attendance requirements.
Issues considered
- Whether bail should be granted to the accused under Sections 30(A) and 41(1) of the Bihar Prohibition & Excise Act, 2016 given the facts of the case
- Whether the petitioner’s claim of being merely a passenger and having no ownership or control over the seized liquor affects the bail decision
Legislation cited
- Bihar Negotiable Securities (or similar) Act — s. 480(3)
- Bihar Prohibition & Excise Act, 2016 — s. 30(A), 41(1)
Subjects
- bail
- prohibition
- excise
- liquor
- e‑rickshaw
- clean antecedent
- Section 30A
- Section 41(1)
- Bihar Prohibition & Excise Act
- Section 480(3) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42886 of 2026
Arising Out of PS. Case No.-265 Year-2026 Thana- CHIRAIYA District- East Champaran
======================================================
Rajesh Kumar S/o Pramod Sahni R/o Village - Bariyarpur Ward No. 43, P.S -
Chhatauni, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Rana Randhir 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.
02. In the present case, the petitioner seeks bail in
connection with Chiraiya P.S. Case No. 265 of 2026 registered
for the alleged offences under Sections 30(A) and 41(1) of the
Bihar Prohibition & Excise Act, 2016.
03. As per prosecution case, petitioner was
apprehended transporting 82.8 liters of country made Nepali
liquor in his e-rickshaw.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case and nothing incriminating has been recovered from his
person or possession. The petitioner was merely a passenger
who was riding that e-rickshaw and when the driver left to
Patna High Court CR. MISC. No.42886 of 2026(2) dt.01-07-2026
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attend the call of nature, the petitioner was apprehended by the
police party. The petitioner is neither owner nor driver of the
said e-rickshaw and he has no concern with the seized liquor.
Learned counsel further submits that the petitioner has got clean
antecedent and is in custody since 27.04.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and further considering the period of
custody of the petitioner and his clean antecedent, 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
Excise Judge-I, East Champaran, Motihar/court concerned in
connection with Chiraiya P.S. Case No. 265 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.
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(iii) In case of absence on three consecutive 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)
Ashish/-
U T
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