Patna High Court
Rajesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Rajesh Kumar Singh, was arrested as the driver of a Scorpio car from which 445.17 litres of illegal liquor were seized. He was charged under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed he was falsely implicated and had been in custody since 16 July 2025, seeking regular bail. The State opposed the bail, but the court considered the facts, the nature of the offence, and the length of custody. The court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties. Consequently, the petitioner was released on bail pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving alleged illegal liquor under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act, 2018.
Subjects
- bail
- regular bail
- illegal liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- driver
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85337 of 2025
Arising Out of PS. Case No.-34 Year-2025 Thana- Ramdas Rai Ka Dera District- Buxar
======================================================
Rajesh Kumar Singh S/O Late Jitendra Singh Resident of Village- Kathal,
Police Station- Amnour, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajiv Ranjan Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Ramdas Rai Ke Dera P.S. Case No. 34/2025 registered for the
offences punishable under Sections 30(a)/ 37 of the Bihar
Prohibition and Excise Act, 2018.
3. As per the prosecution case, 445.17 liters of
different types of illegal liquor has been recovered from a
Scorpio car.
4. Learned counsel for the petitioner submits that
petitioner is innocent has falsely been implicated in the present
case. Learned counsel further submits that petitioner was only
the driver of the said Scorpio car and he is in custody since
16.07.2025. The petitioner undertakes to co-operate in the case/
Patna High Court CR. MISC. No.85337 of 2025(2) dt.31-01-2026
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trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the case
and the period of custody of the petiitoner, this application for
regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge Excise,
Court No. 2, Buxar /concerned Court below in connection with
Ramdas Rai Ke Dera P.S. Case No. 34 of 2025.
(Sandeep Kumar, J)
tusharika/-
U T
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