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 as the prosecution evidence was insufficient and procedural safeguards under Section 103 were not complied with.
Summary
The petitioner, Rakesh Kumar, sought bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act where 816.48 litres of liquor were seized from a pick‑up vehicle. The prosecution alleged his involvement, but the petitioner claimed innocence, stating he was neither the owner nor driver and that the only link to him was a confessional statement of a co‑accused, which the court found to lack evidentiary value. The petitioner had been in custody since 9 December 2025 and possessed five prior criminal antecedents, all of which were on bail. The State opposed bail, but the court noted the absence of material recovered from the petitioner’s possession and the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these factors, the court granted bail subject to a bond of Rs 15,000 with two sureties and conditions regarding appearance in court.
Issues considered
- What is the evidentiary value of a co‑accused’s confessional statement linking the petitioner to the offence?
- Does the petitioner’s lack of possession of the seized liquor justify granting bail?
- Is there a requirement to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 before granting bail?
- Should the petitioner’s prior criminal antecedents affect the bail decision?
Legislation cited
Subjects
- bail
- prohibition law
- excise
- confessional statement
- co‑accused
- Section 103
- criminal antecedents
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7676 of 2026
Arising Out of PS. Case No.-211 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Rakesh Kumar Son of Ram Karan Ray Resident of village - Panapur, P.S.-
Aurai, District – Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Aurai
P.S. Case No. 211 of 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 816.48 liters
liquor was recovered from pick-up vehicle.
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
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner is neither
owner nor driver of the vehicle in question. The petitioner was
Patna High Court CR. MISC. No.7676 of 2026(2) dt.02-02-2026
2/3
not arrested on spot. Name of the petitioner has transpired in
this case on the basis of confessional statement made by co-
accused, namely, Deepak Kumar and the same has got no
evidentiary value. The petitioner is in custody since 09.12.2025
and has got five criminal antecedents in which he is on bail.
Learned counsel for the petitioner further submits that other co-
accused has been granted regular bail by this Court vide order
dated 27.11.2025 passed in Cr. Misc. No. 81170 of 2025. 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.
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 after framing
of charge, if not already framed, 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 Aurai P.S. Case No. 211 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
Patna High Court CR. MISC. No.7676 of 2026(2) dt.02-02-2026
3/3
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)
Rajorshi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.