Patna High Court

Rahul Kumar RamversusThe State of Bihar

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

Holding

The Court grants bail to the petitioner, finding that the circumstances do not warrant continued custody.

Summary

Rahul Kumar was arrested after 108 litres of liquor were recovered from a motorcycle and charged under Sections 274, 275 and 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passer‑by, not the owner of the motorcycle, and that no incriminating material linked him to the liquor; he also highlighted the absence of any criminal antecedent and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence, the petitioner’s clean record and the statutory lapse, the Court decided to grant bail on the condition of a cash bond and two sureties. The order releases the petitioner from custody pending trial.

Issues considered

Whether the petitioner is entitled to bail despite the recovery of a large quantity of liquor.
Whether the prosecution has complied with the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Whether the evidence on record justifies continued detention of the petitioner.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 317(5)

Subjects

bail
liquor possession
criminal procedure
statutory compliance
presumption of innocence
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8199 of 2026
                    Arising Out of PS. Case No.-460 Year-2025 Thana- JAYNAGAR District- Madhubani
                 ======================================================
                 Rahul Kumar Ram S/o- Laxman Ram @ Lakshman Ram Resident of village-
                 Manerwa P.S- Khajauli District- Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Subhash Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Jaynagar P.S. Case No. 460 of 2025, instituted for the offences

                   punishable under Sections 274, 275, 317(5) of the Bharatiya

                   Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that 108 liters

                   liquor was recovered from motorcycle and the petitioner was

                   arrested on spot.

                                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
             Patna High Court CR. MISC. No.8199 of 2026(2) dt.10-02-2026
                                                         2/2




                       the conscious possession of the petitioner. The petitioner has got

                       no concern with the alleged recovery of liquor. Learned cousnel

                       for the petitioner also submitted that the petitioner is not the

                       owner of the motorcycle in question. It is further submitted that

                       the petitioner was a passerby of that way and was arrested only

                       on the basis of suspicion. The petitioner is in custody since

                       27.12.2025 and has 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 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 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 Jaynagar P.S. Case

                       No. 460 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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