Patna High Court
RahulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner, finding that the circumstances did not justify continued detention.
Summary
Rahul Gupta was arrested in connection with the recovery of 352.800 litres of illegal foreign liquor from a car, alleged to be offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, had no incriminating material in his possession, and had been in custody since 9 May 2026. The State opposed bail, relying on the seriousness of the alleged offences. The Court considered the lack of direct evidence against the petitioner and the period of custody already served. It granted bail on the condition of a Rs.10,000 bond and two sureties of the same amount, subject to the Exclusive Special Excise Court‑II, Muzaffarpur. The Court clarified that its observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act given the circumstances of the case.
- Whether the absence of incriminating material in the accused's possession warrants release on bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- bail
- excise
- illegal liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45570 of 2026
Arising Out of PS. Case No.-835 Year-2026 Thana- Excise P.S. District- Muzaffarpur
======================================================
Rahul Son of Shahdev Gupta Resident of Village- Mubarakpur PS -Kirari,
Dist- North West Delhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sonu Singh, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Excise
Muzaffarpur P.S. Case No. 835 of 2026 registered for the
offences punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. The prosecution case is that 352.800 litres of illegal
foreign liquor was recovered from the floor near the middle seat
and trunk of the said car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has no
concern with the alleged recovery of liquor. The petitioner has
been in custody since 09.05.2026 and has no criminal
Patna High Court CR. MISC. No.45570 of 2026(2) dt.08-07-2026
2/2
antecedents.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court-II, Muzaffarpur/concerned
Court in connection with Excise Muzaffarpur P.S. Case No. 835
of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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