Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to both petitioners.

Summary

Rahul Kumar and Subodh Kumar were arrested in Vaishali district after 280 litres of country-made liquor were seized from a vehicle they were travelling in. They were charged under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275 and 317(2) of the Bharatiya Nyaya Sanhita, 2023. The petitioners contended that they had no knowledge of the liquor, were neither owners nor drivers, and that no incriminating material was found in their possession; they also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the absence of personal culpability, the petitioners' clean record and the period already spent in custody, the Court granted bail, directing each to furnish a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the accused under the provisions of the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita, 2023.
Whether the prosecution has complied with the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether the accused are likely to flee, tamper with evidence or obstruct justice.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 317(2)

Subjects

bail
illegal liquor
prohibition act
excise
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
high court
Vaishali district
no prior record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7952 of 2026
                     Arising Out of PS. Case No.-323 Year-2025 Thana- RAGHOPUR District- Vaishali
                 ======================================================
           1.     Rahul Kumar S/o Ranjay Ray Resident of Village- Tersiya, Terahrasia,
                  Terasiya, Ward No. No. 01, P.S.- Ganga Bridge, District- Vaishali
           2.    Subodh Kumar S/o Nawal Ray Resident of Village- Ibrahimabad, P.S.-
                 Raghopur, District- Vaishali

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravish Mishra, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in connection with

                   Raghopur (Rustampur) P.S. Case No. 323 of 2025, instituted for

                   the offences punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act and Sections 274, 275 and 317(2) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that total 280

                   liters of country made liquor was recovered from Tempoo. Both

                   petitioners were arrested on the spot.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the
           Patna High Court CR. MISC. No.7952 of 2026(2) dt.10-02-2026
                                                       2/2




                     present case. No incriminating material has been recovered from

                     the conscious possession of the petitioners. The petitioners have

                     got no concern with the alleged recovery of liquor. The

                     petitioners are neither owner nor driver of the alleged vehicle, in

                     fact, on the fateful day they were travelling on the same. The

                     petitioners have no knowledge regarding nature of goods loaded

                     on the vehicle. The petitioners are in custody since 08.12.2025

                     and have got no criminal antecedent. 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 petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioners, this Court is inclined to grant bail to the petitioners.

                                  7. Let the petitioners be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

                     two sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with                   Raghopur

                     (Rustampur) P.S. Case No. 323 of 2025.


                                           (Rudra Prakash Mishra, J)

manish/-

U      T

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