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Patna High Court

Raj Kumar Bhagat @ Raj Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond of Rs 15,000, two sureties, and specified conditions.

Summary

Petitioner Raj Kumar Bhagat was charged under Section 47(a) of the Bihar Prohibition and Excise Act and Sections 272 and 273 of the Indian Penal Code for allegedly possessing 22 litres of illicit liquor seized during a police raid. He had previously been granted bail in 2016, which was cancelled in 2018 after his failure to appear, leading to a non‑bailable warrant. The petitioner, in custody since 15 January 2026 and having two prior criminal antecedents, applied for bail again, undertaking to comply with any conditions. The State opposed the bail, citing the earlier cancellation and risk of tampering with evidence. The Court, after considering the petitioner’s undertaking, the period of custody, and the circumstances, granted bail subject to a Rs 15,000 bond, two sureties, and specific conditions regarding appearance, non‑tampering, and non‑commission of similar offences.

Issues considered

  • Whether bail should be granted despite the petitioner’s prior bail cancellation and non‑appearance.
  • Whether the petitioner poses a risk of tampering with evidence or influencing witnesses.
  • Whether imposing conditions and a monetary bond is appropriate under the circumstances.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • IPC 272
  • IPC 273
  • criminal procedure
  • non‑bailable warrant
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13601 of 2026
                      Arising Out of PS. Case No.-4 Year-2016 Thana- GOPALPUR District- Gopalganj
                 ======================================================
                 Raj Kumar Bhagat @ Raj Kumar Singh Son of Gopichand Bhagat Resident of
                 Village- Shapur Pakdiyar, P.S.- Gopalpur, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Supriya Kumari, Advocate
                 For the Opposite Party/s :       Mr. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   26-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Gopalpur P.S. Case No. 4 of 2016 instituted for the offences

                   under Section 47(a) of the Bihar Prohibition and Excise Act.

                   And Sections 272, 273 of the Indian Penal Code.

                               3. Prosecution case, in short, is that on secret

                   information, police raided the gumti of the petitioner and

                   allegedly recovered 22 litres of illicit liquor.

                               4. Learned counsel for the petitioner submitted that

                   present case is the case of misuse of privilege of bail earlier

                   granted to the petitioner. Learned counsel further submitted that

                   cognizance in the present case was taken against the petitioner
Patna High Court CR. MISC. No.13601 of 2026(2) dt.26-02-2026
                                            2/3




          on 06.02.2016 and on the same date, the petitioner was granted

          bail by the learned court below. It is further submitted that on

          24.04.2018 the bail bonds of the petitioner was cancelled due to

          his non-appearance before the learned court below and Non-

          Bailable Warrant was issued against him. Learned counsel

          further submitted that petitioner had no knowledge that

          pairvikar had stopped pursuing the case and due to the said

          reason, the bail bonds of the petitioner got cancelled. It has been

          submitted on behalf of the petitioner that the petitioner is in

          custody since 15.01.2026 and has two criminal antecedents.

          Learned counsel further submitted that petitioner undertakes to

          abide by any conditions imposed by this Court, if released on

          bail.

                      5. Learned A.P.P. 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, the undertaking given by the petitioner 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, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
           Patna High Court CR. MISC. No.13601 of 2026(2) dt.26-02-2026
                                                       3/3




                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Gopalpur P.S. Case No. 4 of 2016,

                     subject to the following conditions:

                                   (I) One of the bailors shall be the petitioner’s own or a

                     close family member.

                                   (II) The petitioner shall appear on each and every date

                     fixed during the trial and shall not remain absent on two

                     consecutive dates without sufficient cause.

                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   (IV) The petitioner shall not commit any offence of a

                     similar nature in future.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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