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Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


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