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2026 DAILYLAW 29088 (PAT)

Rahul Kumar Singh v. The State of Bihar

CR. MISC./57907/2026 · 2026-08-19

Praveen Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57907 of 2026 Arising Out of PS. Case No.-177 Year-2026 Thana- Excise P.S. District- Saran ====================================================== Rahul Kumar Singh S/o Dhruv Singh R/o Village - Chephul, Ward no. 7, P.s. - Manjhi, District - Saran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner has preferred this application for grant of regular bail in connection with Sadar Excise P.S. Case No. 177 of 2026 registered for the offences punishable under Sections 30(a), 32(3), 41(1)(2) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, the informant received secret information that a motorcycle and an Alto car were carrying foreign liquor from Tajpur under Manjhi P.S. via Chephul village Dam towards Ekma. On receiving the said information, the informant, along with police personnels, reached the spot and intercepted the motorcycle and the Alto car, whereupon a search was conducted. Upon search, total Patna High Court CR. MISC. No.57907 of 2026(2) dt.19-08-2026 2/3 25.920 litres of illicit foreign liquor was recovered from the motorcycle and 285.120 litres of illicit foreign liquor was recovered from the Alto car, which the petitioner was allegedly driving. Thus, a total of 311.040 litres of illicit foreign liquor was recovered. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. It has further been submitted that, as per the allegation, the petitioner was allegedly found driving the said Alto car from which the alleged recovery was made, however, in fact, the petitioner is neither the driver nor the owner of the said car and he was arrested merely on suspicion, whereas the driver of the car fled away from the spot. It has also been submitted that the procedure prescribed under Section 105 of the B.N.S.S. has not been followed. Lastly, it has been submitted that the petitioner has one criminal antecedent, in which he is on bail and is in custody since 23.07.2026. 5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner and submitted that the petitioner has one criminal antecedent of similar nature of offence. 6. Heard the parties and perused the record. Patna High Court CR. MISC. No.57907 of 2026(2) dt.19-08-2026 3/3 7. Considering the aforesaid facts and circumstances of the case, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra, in connection with Sadar Excise P.S. Case No. 177 of 2026. 8. The application stands allowed. Jyoti/- (Praveen Kumar, J) U T