Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that, given the petitioner’s lack of direct involvement, clean record, and the circumstances of custody, bail should be granted.
Summary
The petitioner, Rahul Kumar, applied for bail in an Excise case (No. 3050 of 2025) alleging offences under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act, where 140 litres of liquor was recovered from a scooty. The prosecution argued that the liquor was recovered, but the petitioner claimed he was not the owner of the scooty, had no possession of the liquor, and had no criminal antecedents. The petitioner’s counsel highlighted the absence of incriminating material in his conscious possession and the lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail. Considering the petitioner’s clean record, lack of direct evidence, and the period already spent in custody, the court inclined to grant bail. The court ordered release on bail with a bond of Rs.15,000 and two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner in view of the alleged offences under the Bihar Prohibition and Excise Act
- Whether the petitioner’s lack of ownership and possession of the scooty and liquor negates the risk of tampering with evidence
- Whether non‑compliance with Section 103 of the BNSS, 2023 precludes bail
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 41
- Section 56(b)
- Section 103 BNSS
- criminal procedure
- non‑ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89531 of 2025
Arising Out of PS. Case No.-3050 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Rahul Kumar Son of Late Darogi Chauhan Resident of Nonia Chak, PS
-Murka, District -Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj, Adv.
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
PS Case No. 3050 of 2025 instituted for the offences under
Sections 30(a), 41 & 56(b) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that 140 liters
liquor was recovered from scooty.
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
no concern with the alleged recovery of liquor. The petitioner is
Patna High Court CR. MISC. No.89531 of 2025(3) dt.13-01-2026
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not the owner of the scooty in question and he has no concern
with the same. The petitioner is in custody since 09.11.2025 and
has got no criminal antecedent. There is no compliance of
Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise PS Case No.
3050 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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