Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a bond of Rs.15,000, two sureties, and compliance with stipulated conditions.
Summary
Raja Kumar was arrested in connection with the seizure of 447.03 litres of liquor from a vehicle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely the driver, had no knowledge of the goods, and that no incriminating material was found in his possession. The petitioner also highlighted his clean criminal record, the duration of his custody since 22‑11‑2025, and the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering these factors, the Court decided to grant bail, imposing a bond of Rs.15,000 with two sureties and specific conditions regarding family surety and trial attendance.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of his alleged involvement.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- driver
- criminal procedure
- Section 30(a)
- Section 103
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1711 of 2026
Arising Out of PS. Case No.-85 Year-2025 Thana- Araria Sangram District- Madhubani
======================================================
Raja Kumar S/O Ram Sakal Roy R/O vill.- Dadhiya, ward no. 10, P.S.-
Karpoorigram, Dist.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baleshwar Kamat, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Araria
Sangram P.S. Case No. 85 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 447.03
liters liquor was recovered from car.
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
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
further submitted that the petitioner is driver of the vehicle and
Patna High Court CR. MISC. No.1711 of 2026(2) dt.19-01-2026
2/2
he has no knowledge regarding the goods loaded in the vehicle.
The petitioner is in custody since 22.11.2025 and has got no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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 on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Araria Sangram P.S.
Case No. 85 of 2025, 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. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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