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Patna High Court

Raja MushaharversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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