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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Rahul Kumar was arrested after 225 litres of country‑made liquor were seized from a vehicle in Patna. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passenger, had no knowledge of the contraband, and that no incriminating material was found on him; he also highlighted his clean antecedent and the alleged 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 duration of custody, the Court granted bail on a bond of Rs. 15,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts of the case
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • contraband liquor
  • Section 30(a)
  • Section 103
  • criminal procedure
  • passenger claim
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88632 of 2025
                      Arising Out of PS. Case No.-427 Year-2025 Thana- PATLIPUTRA District- Patna
                 ======================================================
                 Rahul Kumar S/O Raju Choudhary R/O Village- Jahidpur, P.S- Punpun, Dist.-
                 Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajeev Kumar, Adv.
                 For the Opposite Party/s :       Mr. Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Special

                   Case No. 1554/2025 (Arising out of Patliputra P.S. Case No.

                   427/2025), instituted for the offences punishable under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 225 liters of

                   country made liquor was recovered from Car. 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

                   the conscious possession of the petitioner. The petitioner has got
           Patna High Court CR. MISC. No.88632 of 2025(2) dt.13-01-2026
                                                       2/2




                     no concern with the alleged recovery of liquor. Learned counsel

                     for the petitioner submits that petitioner is passenger of the

                     seized vehicle and he has no knowledge regarding the goods

                     loaded in the vehicle. The petitioner is in custody since

                     02.10.2025 and has got clean 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 Special Case No.

                     1554/2025 (Arising out of Patliputra P.S. Case No. 427/2025).



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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