Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
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
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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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