Patna High Court

Raju Choudhary @ Raju KumarversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner as the circumstances did not justify continued detention.

Summary

The petitioner, Raju Choudhary, was arrested after 300 litres of liquor were recovered from a car and he was found on the spot. He contended that he was merely a passenger, had no knowledge of the contraband, and that no incriminating material was found in his possession. The petition argued that he had no prior criminal record, had been in custody since 25‑12‑2025, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail, relying on the alleged offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. Considering the lack of direct evidence, the petitioner’s clean record, and the procedural lapse, the Court decided to grant bail. The bail was set at Rs.15,000 with two sureties of the same amount, subject to the lower court’s satisfaction.

Issues considered

Whether bail should be granted to the accused in a case under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.
Whether the prosecution’s failure to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.
Whether the petitioner’s status as a passenger without knowledge of the contraband negates the charge of possession.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition act
possession
passenger
Section 103
Bharatiya Nagarik Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11914 of 2026
                  Arising Out of PS. Case No.-200 Year-2025 Thana- EXCISE PAKRIBARAWAN District-
                                                         Nawada
                 ======================================================
                 Raju Choudhary @ Raju Kumar Son of Binod Choudhary R/o Village -
                 Afardih, P.S. - Mahuli, Dist. - Sheikhpura.

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Pramod Kumar Verma, Advocate
                 For the Opposite Party/s :     Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Excise

                   Pakri Barawan P.S. Case No. 200 of 2025, instituted for the

                   offences punishable under Sections 30(a) and 47 of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 300 liters

                   liquor was recovered from car and the petitioner was

                   apprehended on spot.

                                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
             Patna High Court CR. MISC. No.11914 of 2026(2) dt.19-02-2026
                                                         2/2




                       no concern with the alleged recovery of liquor. Learned counsel

                       for the petitioner also submitted that the petitioner is not the

                       owner of the car in question rather he was passenger of that car

                       and has got no knowledge with regard to the nature of goods

                       loaded in the vehicle. The petitioner is in custody since

                       25.12.2025 and has got no criminal antecedent. 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                 Excise Pakri

                       Barawan P.S. Case No. 200 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

Continue reading with your account

Checking your session…