IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12265 of 2026 Arising Out of PS. Case No.-578 Year-2025 Thana- KONCH District- Gaya ====================================================== Rakesh Kumar @ Rakesh Sharma @ Kutumb Son of Shrikant Sharma Resident of Edari, P.S.- Uphara, District- Aurangabad (Bihar) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amish Kumar, Advocate For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Konch P.S. Case No. 578 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 698.235 liters liquor was recovered from godown of co-accused person. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submitted that the petitioner was not Patna High Court CR. MISC. No.12265 of 2026(2) dt.23-02-2026 2/3 arrested on spot. Name of the petitioner has transpired in this case on the basis of disclsoure made by local chaukidar. It is further submitted that the petitioner has been arrested only on the basis of suspicion. The petitioner is in custody since 07.01.2026 and has got four criminal antecedents in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Konch P.S. Case No. 578 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial and shall not remain absent on two consecutive dates without sufficient cause. Patna High Court CR. MISC. No.12265 of 2026(2) dt.23-02-2026 3/3 (III) The petitioner will not tamper with the evidence or the witnesses during the trial. (IV) Petitioner shall not commit offence of similar nature in future. If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner. Rajorshi/- (Rudra Prakash Mishra, J) U T