Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to bond and conditions.
Summary
Rakesh Kumar was arrested for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 60 litres of illicit country-made liquor were recovered from his motorcycle. The petitioner contended that he was falsely implicated, asserting that he had no knowledge of the contraband and that no incriminating article was found in his conscious possession; he is merely the vehicle owner and has no prior criminal record. He had been in custody since 21‑11‑2025 and the prosecution opposed his bail application. The court observed that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and noted the lack of direct evidence against the petitioner. Accordingly, the court granted bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- vehicle ownership
- Section 30
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4756 of 2026
Arising Out of PS. Case No.-77 Year-2025 Thana- DARIHAT District- Rohtas
======================================================
Rakesh Kumar S/O Sitaram Singh Resident of Village- Nandtola Hurka, P.S-
Darihat, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddharth Harsh, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Darihat
P.S. Case No. 77/2025 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 60 litres
of illicit country-made liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that the name of the petitioner has transpired in this case merely
as being the owner of the vehicle in question and he had no
knowledge regarding the goods loaded in the vehicle. The
petitioner is in custody since 21.11.2025 and has no criminal
Patna High Court CR. MISC. No.4756 of 2026(2) dt.28-01-2026
2/2
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarika Suraksha Sanhita, 2023.
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 as also 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. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Darihat P.S. Case
No. 77/2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
atul/-
U T
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