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Patna High CourtCR. MISC./31658/2026allowed

Rahul Kumar v. The State Of Bihar

2026-05-14Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31658 of 2026 Arising Out of PS. Case No.-125 Year-2026 Thana- DEHRI TOWN District- Rohtas ====================================================== Rahul Kumar S/O Late Vinod Rajak @ Vinod Ram R/O Village- Barah Pathar, Ward NO. 36, P.S.- Dehri, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Singh, Advocate.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 14-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Dehri (Town) P.S. Case No. 125 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that besides a marriage hall, from a hutment, altogether 175.8 liters of illicit foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the petitioner is not concerned in any way with the said marriage hall or the hutment. He further

Patna High Court CR. MISC. No.31658 of 2026(2) dt.14-05-2026 2/2 submits that nothing has been recovered from the possession of the petitioner. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. Moreover, the petitioner is languishing in judicial custody since 12.03.2026.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner has criminal antecedent of one case.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Court-I Rohtas at Sasaram in connection with Dehri (Town) P.S. Case No. 125 of 2026. (Ashok Kumar Pandey, J) Sudhanshu/- U T