Created by Fuzzy Cloud

Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted with specified conditions.

Summary

Rahul Kumar was arrested in connection with the recovery of 178.920 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, a clean criminal record, and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 with the Ramakrishna Mission Ashram, and attend the police station on the first and third Sundays of each month, with verification of his antecedent. Any default would lead to cancellation of bail. The order also directs verification of any other pending cases before accepting the bail bonds.

Issues considered

  • Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act involving large quantity of illicit liquor.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • criminal procedure
  • surety
  • antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43616 of 2026
                       Arising Out of PS. Case No.-186 Year-2026 Thana- DAGARUA District- Purnia
                 ======================================================
                 Rahul Kumar Son of Prakash Singh @ Sri Prakash Singh @ Prakash Yadav
                 Resident of Village - Kalashan Ward No. - 07, P.S. - Chousa, District -
                 Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Avnish Kumar
                 For the Opposite Party/s :       Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-07-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Dagarua P.S. Case No. 186 of 2026 registered for the offence

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                 3. The recovery is of 178.920 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 19.05.2026.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt. He further submits that

                   the petitioner has no criminal antecedent.

                                 6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.43616 of 2026(2) dt.06-07-2026
                                            2/3




          prayer for bail of the petitioner.

                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioner, let

          the petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned concerned

          Court below in connection with Dagarua P.S. Case No. 186 of

          2026.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashram, Bhatta Bazar, Purnia and

          produce the receipt of the same before the Court below. The bail

          bonds of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.

                       9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Chousa Police Station on first and third Sunday of each month.

          Any default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                       10. As the petitioner claims to have clean antecedent,

          the Court below, before accepting the bail bonds of the

          petitioner is directed to verify the antecedent of the petitioner. If
          Patna High Court CR. MISC. No.43616 of 2026(2) dt.06-07-2026
                                                      3/3




                    the petitioner is found to be involved in any other case then the

                    bail bonds of the petitioner shall not be accepted.



                                                              (Sandeep Kumar, J)
Vikas/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.