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Patna High Court

Raghvendra Singh @ Raghvendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to a bond, sureties, and verification of his criminal antecedents.

Summary

The petitioner, Raghvendra Singh, sought bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 1.680 litres of foreign liquor in a vehicle he owned. The prosecution alleged that the liquor was recovered from the vehicle during a police patrol, and the petitioner was named as the owner, though he claimed he was not present at the time and was unaware of the contraband. The petitioner argued he had no criminal antecedent and that the driver had taken the vehicle without his knowledge. The State opposed the bail application. The Court, after hearing both sides, granted bail on a bond of Rs. 10,000 with two sureties, subject to verification of the petitioner’s criminal antecedents and conditions under Section 482(2) of the CrPC.

Issues considered

  • Whether bail should be granted to the petitioner in a case under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s claim of non‑presence and lack of knowledge of the seized liquor is sufficient to merit bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • foreign liquor
  • vehicle ownership
  • criminal antecedent
  • Section 30(a)
  • Section 482(2) CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18429 of 2026
                   Arising Out of PS. Case No.-47 Year-2025 Thana- Ramdas Rai Ka Dera District- Buxar
                 ======================================================
                 Raghvendra Singh @ Raghvendra Kumar Son of Kailash Singh R/O Village-
                 Singhpur, P.S.- Fefna, District- Ballia, Uttar Pradesh
                                                                               ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Patna
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vikash Kumar Pankaj, Advocate
                 For the Opposite Party/s :        Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   25-03-2026                    Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                   2. The petitioner is apprehending his arrest in

                   connection with Ram Das Rai Ke Dera P.S. Case No. 47 of 2025

                   for allegedly having committed an offence under Section 30(a)

                   of the Bihar Prohibition and Excise Act.

                                     3. As per the prosecution case, while the

                   informant was on patrolling duty, he intercepted at Gangauli a

                   car bearing registration no. UP 32PU 6596 coming from UP and

                   on seeing the police party, the persons sitting in the car tried to

                   flee away. From the car, 1.680 litres of foreign liquor was

                   recovered from a plastic bag kept beneath the rear seat.

                                     4. The learned counsel for the petitioner submits

                   that the petitioner is innocent and his named transpired in the

                   case since he was the owner of the seized vehicle, even he was
Patna High Court CR. MISC. No.18429 of 2026(2) dt.25-03-2026
                                            2/3




          not present at the place of occurrence. Nothing has been

          recovered from the conscious possession of the petitioner and it

          was the driver of the petitioner, who had taken away the vehicle

          on the pretext of going to his relative’s marriage with his family,

          therefore, the petitioner is not aware about the alleged seized

          liquor. The petitioner has got no criminal antecedent.

                          5. The learned APP for the State vehemently

          opposes the prayer for bail of the petitioner.

                          6. Having heard the learned counsel for the parties,

          let the petitioner, above named, in the event of arrest or

          surrender within a period of eight weeks, 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 Judge-II, Buxar in connection with

          Ram Das Rai Ke Dera P.S. Case No. 47 of 2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.,

          with further condition:

                       (1) The learned Court concerned 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 concerned shall take steps for cancellation

          of bail bond of the petitioner. However, the acceptance of bail
           Patna High Court CR. MISC. No.18429 of 2026(2) dt.25-03-2026
                                                       3/3




                     bonds in terms of the above-mentioned order shall not be

                     delayed for purpose of or in the name of verification.



                                                 (Ritesh Kumar, J)
AjayMishra/-

U      T


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