Patna High Court
Raja Rain @ Golu khanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Raja Rain, was arrested in Buxar for alleged possession of 97.560 liters of liquor recovered from a motorcycle he was riding, contravening Section 30(a) of the Bihar Prohibition and Excise Act and Section 317(5) of the Bharatiya Nyaya Sanhita, 2023. He contended that he was not the owner of the motorcycle, had no conscious possession of the liquor, and that no incriminating material linked him to the contraband, despite having five prior criminal antecedents and the alleged non‑compliance with Section 103 of the BNSS. The State opposed his bail application. The Court, after considering the facts, the period of custody since 13‑01‑2026, and the petitioner’s claims, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, a family member as one bailor, regular appearance in court, non‑tampering with evidence or witnesses, and refraining from similar offences. Violation of any condition would permit cancellation of bail.
Issues considered
- Whether bail should be granted to the accused in a case of alleged possession of liquor under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita, 2023.
- Whether the alleged non‑compliance with Section 103 of the BNSS and the petitioner’s prior criminal antecedents preclude bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 317(5)
Subjects
- bail
- possession of liquor
- Bihar Prohibition and Excise Act
- Bharatiya Nyaya Sanhita
- Section 103
- criminal antecedents
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14852 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- BUXAR District- Buxar
======================================================
Raja Rain @ Golu khan S/O Majahar Rain R/O Village- Santi Nagar Buxar,
PS- Buxar(Town), Distt-Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr.Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, 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 Buxar
(T) PS Case No. 22 of 2026 instituted for the offences under
Section/s 30(a) of the Bihar Prohibition and Excise Act and
Section 317(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that 239.4 liters
liquor was recovered from three motorcycles, out of which
97.560 liters liquor was recovered from the motorcycle which
the petitioner was riding.
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
Patna High Court CR. MISC. No.14852 of 2026(2) dt.27-02-2026
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the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that petitioner is not the owner of the motorcycle and he has no
concern with the same. The petitioner is in custody since
13.01.2026 and has got five (5) criminal antecedent/s. There is
no compliance of Section 103 of the BNSS, 2023.
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 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, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Buxar (T) PS Case No. 22 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 and shall not remain absent on two consecutive
dates without sufficient cause.
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(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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