Patna High Court
Raj Kumar Bhagat @ Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Indian Penal Code — s. 272, 273
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
Checking your session…