Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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