Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to a bond of Rs.10,000 each, two sureties, and conditions under Section 480(3) of the BNSS.
Summary
The petitioners, Rakesh Kumar and Ashok Kumar, were arrested in a raid on alleged illegal country-made liquor and charged under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act. They claimed innocence, arguing that the seized liquor was recovered from a bamboo clump and nothing incriminating was found on them, and highlighted their clean antecedent and short period of custody. The State opposed bail. The court, considering the nature of the recovery, the petitioners' clean record, and the circumstances of the case, ordered their release on bail with a bond of Rs.10,000 each and two sureties, subject to conditions under Section 480(3) of the BNSS and other procedural requirements. The bail order required the petitioners to appear before the trial court as directed and stipulated cancellation of bail for non‑compliance. Consequently, the petition for bail was granted.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act given the nature of the alleged offence and the circumstances of recovery
- Whether the petitioners' clean antecedent and lack of incriminating evidence on them justify bail
Legislation cited
- Bihar Negotiable Securities Act — s. 480(3)
- Bihar Prohibition and Excise Act — s. 30(a), 32, 41(1)
Subjects
- bail
- illegal liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- clean antecedent
- section 480(3) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42909 of 2026
Arising Out of PS. Case No.-87 Year-2026 Thana- LAKHAURA District- East Champaran
======================================================
1. Rakesh Kumar S/o Bishwanath Chaudhari Resident of Village - Chainpur,
P.S - Chhaudadano, District - East Champaran
2. Ashok Kumar S/o Ram Nageshwar Chaudhari Resident of Village -
Chainpur, P.S - Chhaudadano, 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.Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. In the present case, the petitioners seek bail in
connection with Lakhaura P.S. Case No. 87 of 2026, registered
on 07.04.2026 for the offences under Section 30(a)/32/41(1) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, police received
information about three persons selling country made liquor
near a bamboo clump. A raid was conducted and the two
petitoners were apprehended from the spot. One person fled
away from the spot. From search of the bamboo clump,
recovery of 95 litres of country made chulai liquor was made.
Patna High Court CR. MISC. No.42909 of 2026(2) dt.01-07-2026
2/3
4. Learned counsel appearing on behalf of the
petitioners submits that the petitioners are innocent and have
been falsely implicated in this case. Nothing incriminating has
been recovered from person or possession of the petitioners.
Recovery has been made from a bamboo clump and the
petitioners have no concern with the said place. The petitioners
are having clean antecedent and they are in custody since
08.04.2026.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioners.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
nature of recovery and period of custody of the petitioners along
with their clean antecedent, the petitioners are directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court-I, East Champaran, Motihari/concerned court, in
connection with Lakhaura P.S. Case No. 87 of 2026, subject to
the condition laid down under Section 480(3) of the BNSS and
other following conditions:
(i) One of the bailors will be a close
Patna High Court CR. MISC. No.42909 of 2026(2) dt.01-07-2026
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relative of the petitioners.
(ii) The petitioners will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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