Patna High CourtCR. MISC./15367/2026bail granted

Rahul Kumar v. The State Of Bihar

2026-03-11Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15367 of 2026 Arising Out of PS. Case No.-10 Year-2026 Thana- SONEPUR District- Saran ====================================================== Rahul Kumar S/O Late Sitaram Chaudhary Resident of Village- Golabazar, Police Station- Sonepur, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Mili Kumari, Advocate For the Opposite Party/s :

Mrs.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sonepur P.S. case No. 10 of 2026 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 178 liters liquor was recovered from house of co-accused and hut near a canal.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the 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 further submitted that the name of the petitioner has transpired on the basis of disclosure made by apprehended co-accused.

Patna High Court CR. MISC. No.15367 of 2026(2) dt.11-03-2026 2/2 Recovery has been made from co-accused and a hut near a canal. The hut in question is an open place accessible to public at large. The petitioner is in custody since 02.02.2026 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused has been granted regular bail by this Bench vide order dated 12.02.2026 passed in Cr. Misc. No. 9659 of 2026.

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, clean antecedent 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 Sonepur P.S. case No. 10 of 2026.

(Rudra Prakash Mishra, J) Pankaj/- U T