Patna High Court
Harsh RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Harsh Raj was arrested on 16 February 2026 in connection with the seizure of 404 litres of foreign liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner contended that he had no conscious possession of the liquor, was neither the owner nor the driver of the vehicle from which the liquor was recovered, and had a clean antecedent, asserting that he was falsely implicated. The Additional Public Prosecutor opposed bail. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, presence in court, and non‑tampering with evidence, and directed verification of the petitioner’s criminal antecedent. The bail order was made subject to cancellation if conditions were breached. The petition for bail was thus disposed in favour of the petitioner.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 where the alleged seizure was from a vehicle not owned or driven by the accused.
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- Section 30(a)
- criminal procedure
- suspicion
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16800 of 2026
Arising Out of PS. Case No.-88 Year-2026 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Harsh Raj S/o Pappu Kumar Singh R/o - Hazipur Ward no. 38, P.S - Industrial
Area (Audyogik Kshetra), District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Mritunjay Kumar, learned counsel for the
petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.02.2026 in connection with Kochadhaman P.S. Case No. 88
of 2026, F.I.R. dated 16.02.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Recovery is of 404 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent 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 conscious possession of the petitioner rather
Patna High Court CR. MISC. No.16800 of 2026(2) dt.17-03-2026
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the recovery of 404 liters of foreign liquor has been made from
the vehicle in question. He further submits that the petitioner is
neither the owner nor the driver of the vehicle in question and
he has been made accused merely on the basis of suspicion. The
petitioner is in custody since 16.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
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 Judge Excise-I, Kishanganj in connection with
Kochadhaman P.S. Case No. 88 of 2026, subject to the
following conditions:-
i. 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
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.
Patna High Court CR. MISC. No.16800 of 2026(2) dt.17-03-2026
3/3
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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