Patna High Court
Raj Kumar @ Raj Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted regular bail to the petitioner upon condition of a bail bond and sureties.
Summary
The petitioner, Raj Kumar Singh, applied for regular bail in a criminal case under Sections 30(a), 32 and 41(i) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that he was not in possession of the seized liquor and that the case is based solely on a confessional statement made by another person in police custody. The petitioner has two prior cases under the Excise Act and is accused of involvement in the recovery of 3,510 litres of liquor from a tanker. He argued that he was not arrested at the spot, does not own the vehicle involved, and will not abscond if released. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, subject to the trial court’s satisfaction.
Issues considered
- Whether the petitioner is entitled to regular bail despite the nature of the offences under the Bihar Prohibition and Excise (Amendment) Act, 2022 and the existence of prior cases
- Whether the confessional statement of a co-accused can alone justify denial of bail
Subjects
- bail
- prohibition and excise
- Bihar
- confessional statement
- liquor seizure
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20717 of 2026
Arising Out of PS. Case No.-212 Year-2023 Thana- MUSRIGHRARI District- Samastipur
======================================================
Raj Kumar @ Raj Kumar Singh Son of Umesh Prasad Singh @ Umesh Singh
@ Umesh Kumar Singh Resident of Village - Fatehpurwala, P.S.-
Musrigharari, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate
For the Opposite Party/s : Ms. Renu Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a), 32 and 41(i) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 3510 litres of liquor from a tanker.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of Santosh
Mahto in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.20717 of 2026(2) dt.18-04-2026
2/2
value in the eye of law. It is next submitted that petitioner is in
custody since 12.01.2026 and if the privilege of regular bail is
granted to the petitioner, the petitioner will not abscond rather
will cooperate in the trial to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
regular bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner,
above-named, is directed to be released on bail on furnishing
bail bonds of Rs.5,000/- (Rupees Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending in connection with
Musrigharari P.S. Case No. 212 of 2023.
(Satyavrat Verma, J)
Kundan/-
U T
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