Patna High Court
Raja Kumar @ Raja Babu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Raja Kumar was arrested on 14 January 2026 in connection with the seizure of 250 litres of country‑made liquor, alleged to be offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2022. The petitioner contended that he had no conscious possession of the liquor and that his name was recorded only on the basis of a local chowkidar’s disclosure, with no other material linking him to the crime. The prosecution opposed bail, citing a prior criminal antecedent of a similar nature. The Court examined the lack of direct evidence of possession, the reliance on the chowkidar’s statement, and the statutory provisions, and concluded that bail could be granted. Accordingly, the petitioner was released on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of his criminal antecedent.
Issues considered
- Whether bail should be granted in a case of alleged possession of illicit liquor under the Bihar Prohibition and Excise Act, 2022.
- Whether the absence of conscious possession and reliance on a chowkidar’s disclosure justifies granting bail.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- conscious possession
- prior criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16235 of 2026
Arising Out of PS. Case No.-826 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Raja Kumar @ Raja Babu Kumar S/o Suresh Mukhiya R/o Village -
Harkaina, P.S - Muffasil, District - East Champaran at Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Ranjan, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Abhishek Ranjan, learned counsel for the
petitioner and Ms. Shaheen Begum, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.01.2026 in connection with Muffasil P.S. Case No. 826 of
2025, F.I.R. dated 30.12.2025 for the offences punishable under
Sections 30(a) and 41 of the Bihar Prohibition and Excise Act,
2022.
3. Recovery is of 250 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.16235 of 2026(2) dt.17-03-2026
2/3
conscious possession of the petitioner. He further submits that
the petitioner has been made accused merely on the disclosure
made by the local chowkidar and except the aforesaid, no other
material has come during investigation which suggest the
involvement of the petitioner in the present occurrence. There is
non-compliance of Section 103/105 of the BNSS, 2023. The
petitioner is in custody since 14.01.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries one criminal antecedent other
than the present one of similar nature.
6. Considering the aforesaid facts and circumstances
and the name of the petitioner has been transpired on the basis
of disclosure made by the local chowkidar and nothing has been
recovered from the conscious possession of the petitioner, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise Court No. 01, East Champaran at Motihari in
connection with Muffasil P.S. Case No. 826 of 2025, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.16235 of 2026(2) dt.17-03-2026
3/3
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
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Vanisha/-
U T
Checking your session…