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Patna High Court

Raju Kumar @ Raju Kumar Yadav @ Raju YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
               Patna High Court CR. MISC. No.21283 of 2026(2) dt.31-03-2026
                                                           3/3




                         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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