Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39385 of 2026 Arising Out of PS. Case No.-210 Year-2026 Thana- DORIGANJ District- Saran ====================================================== Rahul Kumar S/o Jayant Kumar Rai Resident of Village - Purbi Balua, P.s. - Doriganj, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raushan Raj, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-06-2026 Heard Mr. Raushan Raj, learned counsel for the petitioner and Mr. Sucheta Yadav, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 17.05.2026, in connection with Doriganj P.S. Case No. 210 of 2026, F.I.R. dated 16.05.2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

3. Recovery is of 55.00 litres of illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather recovery has been made from the motorcycle in question and petitioner is not the

Patna High Court CR. MISC. No.39385 of 2026(2) dt.23-06-2026 2/3 owner of the motorcycle in question and he has been falsely implicated in the present case merely on the basis of suspicion. It appears from the F.I.R as well as seizure list that the seizure list witnesses are Bihar Home Guard personnel so there is noncompliance of Sections 103 and 105 of BNSS, 2023and the petitioner is in custody since 17.05.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases of similar nature other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matters.

6. Considering the facts and circumstances of the case and the fact that nothing has been recovered from the conscious possession of the petitioner and there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Doriganj P.S. Case No. 210 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.39385 of 2026(2) dt.23-06-2026 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T