Patna High Court
Rajesh Kumar PathakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed.
Summary
The petitioners, Rajesh Kumar Pathak and Pranav Kumar, were arrested in connection with the seizure of 1,753.920 liters of foreign liquor from a Mahindra vehicle driven by the first petitioner, with both found inside the vehicle. They were charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act and have been in custody since 13 October 2025. The petitioners contended that they are innocent, have clean antecedents, and sought regular bail. The State opposed the bail application. The High Court, after considering the facts, allowed the regular bail, directing each petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to attend the respective police stations on the first and third Sundays of each month, subject to verification of their clean antecedent.
Issues considered
- Whether regular bail can be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
- Whether the petitioners' claim of innocence and clean antecedent warrants bail despite the seizure of a large quantity of foreign liquor.
Subjects
- bail
- excise
- prohibition
- foreign liquor
- regular bail
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88620 of 2025
Arising Out of PS. Case No.-1195 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
1. Rajesh Kumar Pathak S/o Shiv Govind Pathak @ Shiv Gobind Pathak R/o
vill - Shahpur, ward no. 4, P.S.- Shahpur, Distt.- Patna
2. Pranav Kumar S/o Prabhashankar Mishra @ Prabha Shankar Mishra R/o
vill- Dharampur (Pondil), ward no. 5, P.s.- Kurtha, Distt.- Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 13-01-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Gaya Excise P.S. Case No. 1195 of 2025 registered for the
offence under Sections 30(a) and 32(3) of the Bihar Prohibition
and Excise Act.
3. As per the prosecution case, 1753.920 liters of
foreign liquor was recovered from the Mahindra Vehicle which
was being driven by the petitioner no. 1. Apart form the
petitioner no.1, the petitioner no. 1 was also found inside the
said vehicle.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.88620 of 2025(4) dt.13-01-2026
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the petitioners are innocent and have committed no offence. The
petitioners are in custody since 13.10.2025 and have clean
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Exclusive Special Judge, Excise, Gaya/concerned
Court below in connection with Gaya Excise P.S. Case No. 1195
of 2025 subject to conditions that:-
(i). The petitioner no. 1 will mark his
attendance at the Shahpur Police Station, Patna on
the first and third Sunday of each month and the
petitioner no. 2 will mark his attendance at Kurtha
Police Station, Arwal on the first and third Sunday
of each month. Any default in appearance at the
Police Stations would result in cancellation of bail
bonds of the petitioners;
(ii). At the time of accepting the bail
bonds of the petitioners, the Court below shall
verify the fact whether the petitioners have clean
antecedent or not. If it is found that the petitioners
Patna High Court CR. MISC. No.88620 of 2025(4) dt.13-01-2026
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have clean antecedent then only their bail bonds
shall be accepted by the Court below.
(Sandeep Kumar, J)
Shishir/-
U T
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