Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Rahul Kumar, was arrested in connection with a Prohibition and Excise case (PS No. 742 of 2025) for alleged offences under the Bihar Prohibition and Excise Act, with 15.92 litres of liquor recovered, 7.92 litres allegedly wrapped around his body. He contended that he was falsely implicated, that no incriminating material was found in his conscious possession, and that the liquor was planted by police, also noting the lack of compliance with Section 103 of the BNSS, 2023 and his clean antecedents. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the petitioner’s clean record, the duration of his custody since 11‑12‑2025, and the alleged procedural lapses, decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the offences under the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 103 of the BNSS, 2023, warrants denial of bail.
- Whether the evidence recovered (liquor wrapped around the petitioner) is sufficient to justify continued detention.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition
- excise
- liquor
- criminal procedure
- Section 103
- BNSS 2023
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5340 of 2026
Arising Out of PS. Case No.-742 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Rahul Kumar S/o Krishna Paswan Resident of Village - Ramdihra Ward No. -
08, P.S - Shiv Sagar, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Prohibition and Excise PS Case No. 742 of 2025 instituted for
the offences under Section/s 30(a), 32(i)(iii), 41(i)(ii) & 44 of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 15.920 liters
liquor was recovered, out of which 7.920 liters was wrapped
around the body of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.5340 of 2026(2) dt.31-01-2026
2/2
no concern with the alleged recovery of liquor. It is submitted
that recovery is planted by the police party. The petitioner is in
custody since 11.12.2025 and has got no criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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, clean antecedent of the petitioner 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.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Prohibition and
Excise PS Case No. 742 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…