Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Considering the period of custody, the petitioner is entitled to bail on furnishing a bail bond of Rs.10,000 with two sureties of the same amount.
Summary
Rajesh Kumar, the owner of a motorcycle, was arrested after 49 litres of country-made Mahua liquor were seized from two sacks loaded on the vehicle. He contended that he was falsely implicated as nothing was recovered from his personal possession and that he had been in custody since 03-11-2025. The petition sought bail under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The State opposed the bail, but the court considered the length of custody and the lack of direct possession. The court ordered his release on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, to the satisfaction of the Special Judge, Excise Court No.2, Aurangabad. The bail order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether the petitioner is entitled to bail in the offence under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
Subjects
- bail
- excise
- illegal liquor
- false implication
- custody
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89541 of 2025
Arising Out of PS. Case No.-420 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Rajesh Kumar Son of Ramjeet Yadav R/O Village- Mahadeva, P.S.- Obra,
District- Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Rupa Kumari
For the Opposite Party/s : Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 30(a) / 32(3) of the Bihar Prohibition
and Excise Act.
3. As per F.I.R., 49 liters of country-made Mahua
liquor was recovered from two sacks, loaded on a seized
motorcycle.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in this case merely
because he happens to be owner of seized motorcycle. Nothing
has been recovered from possession of petitioner. Petitioner is in
custody since 03.11.2025. Chargesheet has been submitted.
5. Learned A.P.P. for the State opposed the bail
petition.
Patna High Court CR. MISC. No.89541 of 2025(2) dt.12-02-2026
2/2
6. Considering the period of custody, let the above
named petitioner be released on bail on furnishing bail-bond of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge, Excise Court
No. 2, Aurangabad (Bihar) in connection with Daudnagar P.S.
Case No. 420 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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