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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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