Patna High Court
Maula Rajak @ Mala RajakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Maula Rajak, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 4.5 litres of liquor. He claimed that he was falsely implicated, had no involvement in the recovery, and had been in custody since 29 January 2026 despite having two prior criminal antecedents. The petitioner also argued that the police had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. The High Court, after considering the facts, the period of custody, and the alleged procedural lapse, decided to grant bail on the condition of a Rs.15,000 bond with two sureties and specific compliance conditions.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts and the alleged non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Legislation cited
Subjects
- bail
- excise
- prohibition
- liquor possession
- Section 30(a)
- Section 103
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12681 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- Excise P.S. District- Buxar
======================================================
Maula Rajak @ Mala Rajak S/O Late Moharram Rajak @ Late Moharram
Yadav Resident of Village- Neharu Nagar, Police Station- Buxar Town,
District- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Pandey, Advocate
Mr. Rakesh Kumar, Advocate
Mr. Ashutosh Kumar, Advocate
For the Opposite Party/s : Mrs. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Buxar
Excise P.S. Case No. 32 of 2026 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 4.5 litres
of liquor has been recovered from the petitioner.
4. Learned counsel for the petitioner submitted that the
petitioner is innocent and has falsely been implicated in the
present case by the police party. The petitioner has got no
concern with the alleged recovery of liquor. The petitioner is in
Patna High Court CR. MISC. No.12681 of 2026(2) dt.24-02-2026
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custody since 29.01.2026 and has two criminal antecedents.
There is no compliance of Section 103 of the Bharatiya
Nagarika 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 as also 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 Buxar Excise P.S.
Case No. 32 of 2026, 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. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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