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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail, holding that the petitioner’s prior excise cases and the nature of the offence preclude the grant of regular bail.

Summary

The petitioner, Rahul Kumar, applied for regular bail under Section 30(a) of the Bihar Prohibition and Excise Act after 5,964 litres of spirit were seized from a truck in a case registered as Taraiya P.S. Case No. 462/2024. He claimed innocence, alleging that he was falsely implicated based on suspicion. The State highlighted that the petitioner has seven prior criminal cases under the Excise Act, arguing that he is not deserving of leniency. The court considered the seriousness of the alleged offence and the petitioner’s criminal history. Weighing these factors, the court exercised its discretion and rejected the bail application. Consequently, the petitioner remains in custody pending trial.

Issues considered

  • Whether regular bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act in view of the seizure of 5,964 litres of spirit and his prior excise cases.

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • excise offences
  • prior convictions
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90854 of 2025
                        Arising Out of PS. Case No.-462 Year-2024 Thana- TARAIYA District- Saran
                 ======================================================
                 Rahul Kumar Son of Tuntun Prasad Resident of Village - Shahnawazpur, P.S.-
                 Taraiya, District - Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ranjit Kumar Thakur
                 For the Opposite Party/s :        Mr.Nityanand
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   09-01-2026                        Heard the learned counsel for the parties.

                                 2. This is an application for grant of regular bail on

                   behalf of the petitioner for the offences alleged under Section

                   30(a) of the Bihar Prohibition and Excise Act, registered in

                   connection with Taraiya P.S. Case No. 462/2024.

                                  3. As per allegation, 5964 litres of spirit were

                   recovered from the seized truck.

                                  4. The learned counsel for the petitioner has

                   submitted that the petitioner is innocent and has falsely been

                   implicated on the basis of suspicion.

                                   5. On the other hand, the learned counsel for the

                   State has submitted that the petitioner has seven criminal

                   cases under the Excise Act, registered against him and he does
           Patna High Court CR. MISC. No.90854 of 2025(2) dt.09-01-2026
                                                       2/2




                     not deserve any leniency in this matter.

                                  6. Considering the above facts and circumstances and

                     in view of seven excise cases lodged against him, this Court is

                     not inclined to exercise its discretion of bail in favour of the

                     petitioner. His prayer for bail is accordingly rejected.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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