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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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