Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32341 of 2026 Arising Out of PS. Case No.-214 Year-2026 Thana- Excise P.S. District- Purnia ====================================================== Rahul Kumar, S/O Nand Lal Ray, R/O Village- Rasulpur Fatta, P.S.- Chera Kala Khatra, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aashish Kumar, Adv.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-05-2026 Heard the parties.

2. Petitioner seeks regular bail in connection with Excise P.S. Case No. 214 of 2026 registered for the offences punishable under sections 30(a) and 47 of the Bihar Prohibition and Excise Act.

3. The main submissions advanced by petitioner's counsel are that the petitioner is innocent and has falsely been implicated in the present case merely on the basis of suspicion and he has been languishing in jail since 07.04.2026. It is further submitted that though the prosecution alleges recovery of 500.600 litres of foreign liquor and beer from a public vehicle bearing registration No. WB330-7964, admittedly no recovery has been made from the conscious possession of the petitioner. It is further submitted that from bare perusal of the FIR and seizure

Patna High Court CR. MISC. No.32341 of 2026(2) dt.12-05-2026 2/2 list, it would appear that no independent witness was made to the alleged search and seizure and there is no cogent or reliable material connecting the petitioner with the seized liquor or the vehicle in question and further, the seized vehicle neither belongs to the petitioner nor he was the driver of the said vehicle.

4. Learned APP for the State has opposed the prayer of the petitioner.

5. In the facts and circumstances of this case and considering the statements made in the petition as well as above submissions coupled with petitioner's young age and also the fact that the witnesses of the seizure are police personnel, so, the release of the petitioner on bail at this stage will not affect the prosecution in any manner, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Excise P.S. Case No. 214 of 2026.

(Shailendra Singh, J) annu/- U T