Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to specified monetary and attendance conditions.
Summary
The petitioner, Raju Kumar, was arrested in connection with the seizure of 63 Nepali liquor bottles from a motorcycle and charged under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, asserted a clean antecedent, and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed his bail application. The Patna High Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties, deposit Rs. 25,000 with the Ramakrishna Mission, and attend the Andhramath Police Station every Sunday. The order was limited to the bail application and did not prejudice the merits of the trial. The petitioner was released on bail subject to these conditions.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged illegal possession of liquor under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act.
- Whether the conditions imposed, including a monetary donation and regular police station attendance, are appropriate for bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 274, 275, 3(5)
Subjects
- bail
- illegal liquor
- excise law
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19972 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- ANDHRAMATH District- Madhubani
======================================================
Raju Kumar S/o Anandlal Mandal @ Anand Mandal R/o vill - Mainahi, PS-
Andhramath, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti, Advocate
For the State : Ms.Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Andhramath P.S. Case No. 09 of 2026 registered for the offence
punishable under Sections 274, 275 and 3(5) of the Bharatiya
Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, there is recovery of 63
Nepali liquor from a motorcycle.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
implicated in this case. The petitioner is in custody since
26.01.2026 having clean antecedent.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.19972 of 2026(2) dt.01-04-2026
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petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
7. Considering the facts and circumstances of the case
and submissions of learned counsel for the petitioner, let the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Special
Judge, Excise Act, Jhanjharpur, District Madhubani/concerned
Court below in connection with Andhramath P.S. Case No. 09
of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, Bihar and produce the receipt of the same
before the Court below. The bail bonds of the petitioner shall be
accepted after verifying the genuineness of the receipt produced
by the petitioner.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Andhramath Police Station, District-Madhubani on every
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Sunday of the month. Any default in appearance at the police
station will result in cancellation of bail bonds of the petitioner.
10. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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