Patna High Court
Raju Kumar @ Raju Kumar Yadav @ Raju YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Raju Kumar, was arrested on 2 March 2026 in connection with an excise case involving the alleged seizure of 150 litres of illicit country-made liquor and a motorcycle. He applied for bail, asserting a clean criminal record and arguing that the seizure was not from his conscious possession and that Sections 103 and 105 of the BNSS, 2023 were not complied with. The State opposed the bail application. The Court examined the allegations, noted the petitioner’s clean antecedent and the alleged procedural lapses, and concluded that bail could be granted. Accordingly, the Court ordered his release on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence or witnesses. The bail order also directed verification of the petitioner’s antecedent but prohibited delay in granting bail for that purpose.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether non‑compliance of Sections 103 and 105 of the BNSS, 2023 justifies denial of bail.
- Whether the petitioner’s clean criminal antecedent warrants bail despite the alleged seizure.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition Act
- criminal antecedent
- BNSS 2023
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21283 of 2026
Arising Out of PS. Case No.-101 Year-2026 Thana- Excise P.S. District- Banka
======================================================
Raju Kumar @ Raju Kumar Yadav @ Raju Yadav S/O Mitan Yadav Resident
of village- Dhanni chak, P.S.- Amarpur, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar Mishra, Advocate
For the Opposite Party/s : Ms.Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr.Sudhir Kumar Mishra, learned counsel for
the petitioner and Ms.Pushpa Sinha.1, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
02.03.2026 in connection with Banka Excise P.S. Case No. 101
of 2026, F.I.R. dated 02.03.2026 registered for the offence
punishable under Sections 30(a) and 32(3)of Bihar Prohibition
and Excise Amendment Act, 2018.
3. Recovery is of 150 liters of country made liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. Further submits
that it appears from the FIR as well as the seizure list that
nothing has been recovered from conscious possession of the
petitioner rather the recovery has been made from the
Patna High Court CR. MISC. No.21283 of 2026(2) dt.31-03-2026
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motorcycle in question and petitioner has no concern at all with
the alleged recovery of illicit liquor or the motorcycle in
question and there is non-compliance of Sections 103 and 105
of BNSS, 2023 and the petitioner is in custody since
02.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent and there is non-compliance of Sections 103 and 105
of BNSS, 2023, 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
learned Special Judge Exclusive Excise Court-2 Banka in
connection with Banka Excise P.S. Case No. 101 of 2026, with
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/her absence on two consecutive dates without sufficient
reason, his/her 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
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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)
Nitesh/-
U T
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