Rajesh Kumar Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88620 of 2025 Arising Out of PS. Case No.-1195 Year-2025 Thana- Excise P.S. District- Gaya ====================================================== 1.
Rajesh Kumar Pathak S/o Shiv Govind Pathak @ Shiv Gobind Pathak R/o vill - Shahpur, ward no. 4, P.S.- Shahpur, Distt.- Patna 2.
Pranav Kumar S/o Prabhashankar Mishra @ Prabha Shankar Mishra R/o vill- Dharampur (Pondil), ward no. 5, P.s.- Kurtha, Distt.- Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 13-01-2026 Heard the learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek regular bail in connection with Gaya Excise P.S. Case No. 1195 of 2025 registered for the offence under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 1753.920 liters of foreign liquor was recovered from the Mahindra Vehicle which was being driven by the petitioner no. 1. Apart form the petitioner no.1, the petitioner no. 1 was also found inside the said vehicle.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.88620 of 2025(4) dt.13-01-2026 2/3 the petitioners are innocent and have committed no offence. The petitioners are in custody since 13.10.2025 and have clean antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the case, this application for regular bail is allowed.
7. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Gaya/concerned Court below in connection with Gaya Excise P.S. Case No. 1195 of 2025 subject to conditions that:- (i). The petitioner no. 1 will mark his attendance at the Shahpur Police Station, Patna on the first and third Sunday of each month and the petitioner no. 2 will mark his attendance at Kurtha Police Station, Arwal on the first and third Sunday of each month. Any default in appearance at the Police Stations would result in cancellation of bail bonds of the petitioners;
(ii). At the time of accepting the bail bonds of the petitioners, the Court below shall verify the fact whether the petitioners have clean antecedent or not. If it is found that the petitioners
Patna High Court CR. MISC. No.88620 of 2025(4) dt.13-01-2026 3/3 have clean antecedent then only their bail bonds shall be accepted by the Court below.
(Sandeep Kumar, J) Shishir/- U T