Rajesh Kumar @ Sonu Kumar @ Sonu @ Rakesh Kumar @ Rakesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13302 of 2026 Arising Out of PS. Case No.-237 Year-2025 Thana- KORHA District- Katihar ====================================================== Rajesh Kumar @ Sonu Kumar @ Sonu @ Rakesh Kumar @ Rakesh Son of Late Chandradeo Singh Resident of Village - Basgarha (Basgara), P.S.- Korha, District - Katihar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Korha PS Case No. 237 of 2025 instituted for the offences under Section/s 30(a), 32 & 47 of the Bihar Prohibition and Excise Act. Earlier vide order dated 03.12.2025, passed in Cr. Misc. No. 80843 of 2025, petitioner was enlarged on provisional anticipatory bail, but the same was not given effect to due to non-fulfillment of condition stipulated in the order. 3.

The prosecution case, in short, is that 443.83 liters liquor was recovered from Scorpio and Bolero pickup. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.13302 of 2026(2) dt.25-02-2026 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that Bolero pickup was parked in front of the house of the petitioner, due to which petitioner is implicated in this case. The petitioner is in custody since 19.01.2026 and has got five (5) criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. 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 and 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Korha PS Case No. 237 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 and shall not remain absent on two consecutive

Patna High Court CR. MISC. No.13302 of 2026(2) dt.25-02-2026 3/3 dates without sufficient cause.

(III) The petitioner will not tamper with the evidence or the witnesses during the trial.

(IV) Petitioner shall not commit offence of similar nature in future.

If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T