Patna High CourtCR. MISC./20832/2026allowed

Rajiv Kumar v. The State Of Bihar

2026-04-02Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20832 of 2026 Arising Out of PS. Case No.-231 Year-2026 Thana- Excise P.S. District- Patna ====================================================== Rajiv Kumar S/O Ravindra Rai Resident of Balwan Tola, Ward No.- 7, P.SDoriganj, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 30 (a), 32 and 41 (1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in brief, is that a total of 250.560 litres of illicit foreign liquor was recovered from a boat.

4. It is further submitted that that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the alleged recovery was not made from the conscious possession of the petitioner, but from a boat. It is further submitted that the witnesses to the seizure list are police personnel, and the mandatory provisions of Section 105 of the B.N.S.S. have not been complied with. It

Patna High Court CR. MISC. No.20832 of 2026(2) dt.02-04-2026 2/2 is also submitted that the petitioner has criminal antecedent of only one case and is in custody since 03.02.2026.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Excise P.S. Patna Case No. 231 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise -III, Patna.

(Ashok Kumar Pandey, J) Jagdish/- U T