Patna High Court
Rakesh Kumar @ Rakesh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail may be granted as the petitioner was not found in conscious possession of the liquor and the circumstances, including non‑compliance of Section 103 and the period of custody, warranted release.
Summary
The petitioner, Rakesh Kumar, applied for bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 189 litres of liquor were recovered from his rented room. He argued that he had no conscious possession of the liquor and was falsely implicated, also noting non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail, citing the recovery of liquor and the petitioner's three prior criminal antecedents. The court considered the facts, the period of custody since September 2025, and the lack of direct possession, and decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions including family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the recovery of liquor from his rented premises.
- Whether the absence of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail.
- Whether the petitioner's prior criminal antecedents preclude bail in this case.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- liquor possession
- criminal antecedents
- Bharatiya Nagarika Suraksha Sanhita
- Section 103
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91621 of 2025
Arising Out of PS. Case No.-871 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Rakesh Kumar @ Rakesh Mahto Son of Late Ramji Mahto Resident of
village - Mohalla - Miscot, Ward No.- 8, P.S.- Town, District - East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Asif Kalim, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Town
P.S. Case No. 871 of 2025 instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 189 litres
of liquor has been recovered from the rented room of the
petitioner.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.91621 of 2025(2) dt.19-01-2026
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petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from the rented room of the petitioner. The petitioner has got no
concern with the alleged recovery of liquor. The petitioner is in
custody since 09.09.2025 and has three criminal antecedents.
There is no compliance of Section 103 of the Bharatiya
Nagarika Suraksha Sanhita, 2023.
5. Learned APP 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 as also 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/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Town P.S. Case No.
871 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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