Patna High Court
RAJA BABU KOL @ RAJA BABUversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on a bond of Rs.10,000 with conditions, owing to his clean antecedent and procedural non‑compliance in the seizure.
Summary
Petitioner Raja Babu Kol was arrested on 7 January 2026 for alleged possession of 130 litres of illegal country liquor, alleged under Section 30(a) of the Bihar Prohibition & Excise Act, 2018. He pleaded that he has a clean antecedent, the FIR is fabricated, and the seizure violated Sections 103 and 105 of the BNSS, 2023, and that the motorcycle seized does not belong to him. The State opposed bail, while the petitioner’s counsel argued for release. The Court, noting the petitioner’s clean record and the procedural non‑compliance, ordered bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Exclusive Special Judge, Excise Court No. 1, Rohtas.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition & Excise Act, 2018.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS, 2023, warrants bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise law
- illegal liquor
- Section 30(a)
- clean antecedent
- procedural non‑compliance
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15269 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
RAJA BABU KOL @ RAJA BABU S/o- Panna Kol R/v- Tarachandi Colony
Ps- Darigaon Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivam Aniket, Advocate
For the State : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 11-03-2026 Heard Mr. Shivam Aniket, learned counsel for the
petitioner and Mr. Sanjay Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
07.01.2026, in connection with Excise P.S. Case No. 09 of 2026
(Excise Case No. 62 of 2026), F.I.R. dated 06.01.2026
registered for the offences punishable under Section 30(a) of the
Bihar Prohibition & Excise Act, 2018.
3. Recovery is of 130 litres of country made liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
As per allegation in the F.I.R. that altogether 130 litres of illegal
Patna High Court CR. MISC. No.15269 of 2026(2) dt.11-03-2026
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country liquor was recovered from the possession of the
petitioner. He further submits that from perusal of the seizure
list it appears that there is non-compliance of Sections 103 and
105 of BNSS, 2023 and the motorcycle in question does not
belong to the petitioner and the petitioner is in custody since
07.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and there
is non-compliance of Sections 103 and 105 of the BNSS, 2023,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge, Excise Court No. 1, Rohtas at Sasaram
in connection with Excise P.S. Case No. 09 of 2026 (Excise
Case No. 62 of 2026), subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
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reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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