Patna High Court
Raju Kumar Singh @ Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and conditions.
Summary
The petitioner, Raju Kumar Singh, was arrested on 31 January 2026 in connection with the seizure of 177.255 litres of foreign liquor, alleged to be offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Amendment Act, 2022. He contended that he was neither the owner nor the driver of the vehicle from which the liquor was seized and that the seizure was not from his conscious possession. The prosecution opposed bail, citing three prior criminal antecedents, although the petitioner was already on bail in other pending matters. The Court considered the lack of direct possession, the petitioner’s claim of innocence, and the prior antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties and specific conditions. The order also directed verification of the petitioner’s criminal antecedents and stipulated cancellation of bail for any concealment or tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite alleged offences under the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether the fact that the seized liquor was not in the petitioner’s conscious possession affects the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- criminal antecedent
- seizure
- vehicle ownership
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20331 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- GOPALGANJ TOWN District- Gopalganj
======================================================
Raju Kumar Singh @ Raju Kumar S/O Umesh Singh Resident of Village-
Dalpath Bishunpur, P.S.- Dhaka, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 26-03-2026 Heard Mr. Dhurendra Kumar, learned counsel for the
petitioner and Dr. Kumar Uday Pratap, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
31.01.2026 in connection with Gopalganj P.S. Case No. 91 of
2026, F.I.R. dated 30.01.2026 for the offences punishable under
Sections 30(a) and 41(1) of the Bihar Prohibition and Excise
Amendment Act, 2022.
3. Recovery is of 177.255 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.20331 of 2026(2) dt.26-03-2026
2/3
been made from the vehicle in question. He further submits that
the petitioner is neither the owner nor the driver of the said
vehicle in question. As per the allegation, the petitioner works as
a liner with his friend Niraj Kumar. There is non-compliance of
Section 103/105 of the BNSS, 2023. The petitioner is in custody
since 31.01.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that the petitioner carries three criminal antecedents
other than the present one but fairly submits that he is on bail in
the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 District &
Additional Sessions Judge-XIII-cum-Special Judge, Excise-I,
Gopalganj in connection with Gopalganj P.S. Case No. 91 of
2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.20331 of 2026(2) dt.26-03-2026
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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