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Patna High Court

Raja Kumar @ Raja Babu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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          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


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