Patna High Court
Raja MushaharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted bail to the petitioner, allowing the application.
Summary
The petitioner applied for regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly selling illicit liquor. Police, acting on a tip-off, seized nine litres of country-made liquor that the petitioner allegedly threw away after fleeing the scene. The petitioner claimed innocence, stating that the liquor was not in his conscious possession and that his name was supplied by a watchman; he also highlighted his existing criminal antecedent and that he was already in custody on bail since 30‑01‑2026. The State opposed the bail on the ground of the alleged offence and the petitioner’s flight. After considering the submissions and facts, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties, thereby granting the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act despite the alleged offence and his flight from police
- Whether the presence of a prior criminal antecedent and current custody affect the grant of bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- criminal antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19025 of 2026
Arising Out of PS. Case No.-245 Year-2025 Thana- KHAIRA District- Saran
======================================================
Raja Mushahar S/o Lalji Mushahar R/o - Sahimpur, P.S -Khaira, District -
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Khaira P.S. Case No.
245 of 2025 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the police on a tip-off
regarding selling of illicit liquor, reached the spot and on seeing
the police party the petitioner fled away. Upon search, total 09
litres of illicit country-made liquor was recovered from the sack,
which was allegedly thrown by the petitioner.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that nothing has been
Patna High Court CR. MISC. No.19025 of 2026(2) dt.25-03-2026
2/2
recovered from the conscious possession of the petitioner. It is
also submitted that the name of the petitioner was disclosed by
Chaukidar. It is lastly submitted that the petitioner has one
criminal antecedent in which he is on bail and is in custody
since 30.01.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Saran at Chapra, in connection with
Khaira P.S. Case No. 245 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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