Patna High CourtCR. MISC./25171/2026bail granted

Rajesh Kumar v. The State Of Bihar

2026-05-13Mr. Justice Ajit Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25171 of 2026 Arising Out of PS. Case No.-57 Year-2026 Thana- ARA RAIL P.S. District- Bhojpur ====================================================== Rajesh Kumar S/o Suryadeo Prasad @ Suryadeo Yadav Resident of VillageDaulatpur, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Chandra, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 13-05-2026 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner makes a prayer for bail in connection with Ara Rail P.S. Case No. 57 of 2026 F.I.R dated 25.02.2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise(Amendment) Act, 2018.

3. As per the prosecution case, altogether 130 litres of country-made liquor has been recovered.

4. Learned counsel for the petitioner submits that petitioner is innocent, has committed no offence and has falsely been implicated in this case merely on the basis of suspicion. It is submitted that recovery is said to have been made from platform no. 2 of Ara Railway Station. Nothing has been

Patna High Court CR. MISC. No.25171 of 2026(3) dt.13-05-2026 2/2 recovered from the conscious possession of this petitioner neither he has any concern with the alleged recovery. The witnesses of the seizure list are police personnel and police have not complied with Section 103 of BNSS while making seizure. Petitioner is in languishing in judicial custody since 26.02.2026. Moreover, a statement has been made in para 3 that the petitioner has one criminal antecedent in which he is on bail.

5. Learned Additional Public Prosecutor for the State opposes the prayer for regular bail.

6. Considering the facts and circumstances, the period of custody, the petitioner is enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Exclusive Special Excise Court, Bhojpur, Ara in connection with Ara Rail P.S. Case No. 57 of 2026, subject to the condition that the petitioner shall co-operate in the investigation/trial.

(Ajit Kumar, J) Abhishek/- Sanjay/- U T