Patna High Court
Raju Kumar @ Raju Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners subject to bond, surety and appearance conditions.
Summary
The petitioners Raju Kumar, Rahul Kumar and Kamlesh Kumar were arrested after 138.240 litres of liquor was seized from a pick‑up vehicle in Kaimur, and were charged under Sections 30(a), 32(i)(iii) and 41(i)(ii) of the Bihar Prohibition and Excise Act. They contend that they were merely the driver and passengers, had no knowledge of the contraband, and no incriminating material was found on them. The prosecution argued that the seizure established a prima facie case of offence. The petitioners highlighted the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and pointed out their clean criminal records except for three antecedents of one petitioner. After considering the facts, the period of custody and the lack of direct evidence, the court granted bail subject to bond, surety and attendance conditions. The order disposes of the bail petition.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act
- Whether the lack of incriminating material and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail
- Whether the petitioners' alleged lack of knowledge of the contraband negates the prima facie case
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 103
- Bihar Prohibition and Excise Act
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12490 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
1. Raju Kumar @ Raju Kumar Singh S/o Late Veer Bahadur Singh R/o Village
- Sitab Diyar Chain Chhapara, P.S - Ribiganj, District - Chhapra
2. Rahul Kumar S/o Jitan Kumar @ Jeetn Kumar R/o Village - Agamkuan
(Agamkunwa), Mahatma Gandhi Nagar, Ward No. 46, P.S - Agamkuan
(Agamkunwa), District - Patna
3. Kamlesh Kumar S/o Indradev Prasad R/o Village - Bhootnath Road, Ward
No. 46, P.S - Agamkuan (Agamkunwa), District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Khushi Awadh, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with Kaimur
Prohibition & Excise P.S. Case No. 04 of 2026, instituted for the
offences punishable under Sections 30(a), 32(i)(iii) and 41(i)(ii)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 138.240 liters
liquor was recovered from pick-up vehicle and the petitioners
were arrested on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.12490 of 2026(2) dt.24-02-2026
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present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners also submitted that petitioner no. 1 is
dirver and petitioner nos. 2 and 3 are passenger of that vehicle
and they have got no knowledge with regard to the nature of
goods loaded in the vehicle. The petitioners are in custody since
05.01.2026. Petitioner nos. 1 and 2 have got no criminal
antecedent and petitioner no. 3 has got three criminal
antecedents. 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Kaimur Prohibition
& Excise P.S. Case No. 04 of 2026, subject to the following
conditions:
Patna High Court CR. MISC. No.12490 of 2026(2) dt.24-02-2026
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(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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