Patna High Court
Raju MusharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Raju Mushar, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 9 litres of liquor recovered from his joint house, with a total of 18 litres seized in the case. He contended that he was falsely implicated, no incriminating material was found in his conscious possession, and his name was disclosed by a local watchman rather than through a spot arrest. The petitioner also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and noted a prior criminal antecedent for which he was already on bail. The State opposed the bail application. Considering the circumstances, including the period of custody since 12‑01‑2026 and the absence of direct evidence, the Court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- possession of liquor
- criminal procedure
- Section 103
- Bharatiya Nagarik Suraksha Sanhita
- prior antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14393 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- Krishnabraham District- Buxar
======================================================
Raju Mushar S/O Late Bihari Mushar @ Virendra Mushar Villager- Chhotka
Dhakaich, Krishnabarhm, P.S.- Krishnabrahm, Distt.- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Mishra, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Krishnabrahm P.S. Case No. 09 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 18 liters
liquor was recovered out of which 09 liters liquor has been
recovered from the house of the petitioner.
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
no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.14393 of 2026(2) dt.27-02-2026
2/2
for the petitioner also submitted that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case on the basis of disclosure made by local chaukidar. It is
further submitted that the alleged recovery has been made from
the joint house of the petitioner where other family members
also reside. The petitioner is in custody since 12.01.2026 and
has got one criminal antecedent in which he is on bail. 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 Krishnabrahm P.S.
Case No. 09 of 2026.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…