Patna High Court

Rajeev KumarversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

The bail petition is dismissed; the petitioner is not entitled to bail.

Summary

The petitioner, Rajeev Kumar, was arrested in connection with a case of spurious liquor that allegedly caused the deaths of four persons. The charges include offences under Sections 272, 273, 328, 307, 304, 120 and 34 of the Indian Penal Code and Sections 30(a), 37(b), 33 and 34 of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that he was not named in the FIR, his name having been mentioned only by a co‑accused in a separate case. The State opposed bail, emphasizing the seriousness of the alleged liquor‑related deaths, the petitioner’s three prior criminal antecedents, and the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. After considering the nature of the allegations and the surrounding circumstances, the Court declined to grant bail, dismissing the petition.

Issues considered

Whether bail should be granted to the petitioner given the seriousness of the offences and the evidence presented
Whether the lack of incriminating material in the petitioner’s possession and his non‑naming in the FIR affect the bail decision
Whether the petitioner’s prior criminal antecedents and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, justify denial of bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Indian Penal Code — s. 120, 272, 273, 304, 307, 328, 34

Subjects

bail
spurious liquor
Indian Penal Code
Bihar Prohibition and Excise Act
death
criminal antecedents
Bharatiya Nagarik Suraksha Sanhita
serious offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73624 of 2025
                        Arising Out of PS. Case No.-377 Year-2022 Thana- AMNAUR District- Saran
                 ======================================================
                 Rajeev Kumar S/O Ashok Kumar Srivastava R/O Swastik Amarawati
                 Apartment, Tengra Mod, Ramnagar Varanasi, P.S- Ramnagar, Distt.- Varansi
                 (U.P.)
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Chetna, Advocate
                 For the Opposite Party/s :       Ms. Renu Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   03-02-2026                  Heard learned counsel for the petitioner and Ms. Renu

                   Kumari, learned APP for the State. Perused the case diary.

                                2. The petitioner seeks bail in connection with

                   Amnour P.S. Case No. 377 of 2022, instituted for the offences

                   punishable under Sections 272, 273, 328, 307, 304 and 120/34

                   of the Indian Penal Code and Section 30(a), 37(b), 33 and 34 of

                   the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that Police got

                   information that persons are dying on account of consumption

                   of spurious liquor.

                                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.73624 of 2025(4) dt.03-02-2026
                                                       2/2




                     no concern with the alleged recovery of liquor. The petitioner is

                     not named in the F.I.R. The name of the petitioner has been

                     disclosed by co-accused in the statement taken in connection

                     with Ishupur P.S. Case No. 280 of 2022. The petitioner is in

                     custody since 20.08.2025 and has got three criminal

                     antecedents. There is no compliance of Section 103 of the

                     Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner. The petitioner is

                     involved in selling of spurious liquor due to which four persons

                     died. He further submitted that the bail petition of other co-

                     accused has been rejected by this Court vide order dated

                     20.11.2025 passed in Cr. Misc. No. 44841 of 2025.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the nature of allegation, this Court is not inclined

                     to grant bail to the petitioner. Accordingly, the prayer for bail is

                     rejected.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

Continue reading with your account

Checking your session…