Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Raju Kumar, was arrested at Chapra Railway Station for alleged possession of 23.94 liters of liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the liquor was recovered from a public open area and that no incriminating material was found in his conscious possession, asserting his innocence. The State opposed bail, citing the petitioner’s two prior criminal antecedents and his custody since 27‑10‑2025, while noting non‑compliance with Section 103 of the B.N.S.S., 2023. The Court, after weighing the facts, the length of custody, and the lack of direct evidence, decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions including a family member as a bailor and mandatory appearance at every trial date.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the circumstances of arrest, prior criminal antecedents, and non‑compliance with Section 103 of the B.N.S.S., 2023.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition law
- liquor possession
- criminal procedure
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 103
- B.N.S.S., 2023
- antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.215 of 2026
Arising Out of PS. Case No.-222 Year-2025 Thana- CHAPRA RAIL P.S. District- Saran
======================================================
Raju Kumar Son of Bhola Rai Resident of Village- Jitwarpur Dih/ Chauth @
Chatwapur Dih, Ward No. 17, P.S.- Samastipur Muffasil, District- Samastipur,
Pin Code- 848134
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan, Advocate
For the Opposite Party/s : Mr.Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in Chapra Rail P.S.
case No. 222 of 2025 instituted for the offences under
Section 30(a)of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 106.65
liters liquor was recovered from railway station out of
which 23.940 liters liquor from the petitioner and the
petitioner was arrested on spot.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in
the present case. No incriminating material has been
Patna High Court CR. MISC. No.215 of 2026(2) dt.19-01-2026
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recovered from the conscious possession of the petitioner.
The petitioner has got no concern with the alleged recovery
of liquor. It is further submitted that recovery has been
made from railway station, an open place accessible to
public at large. The petitioner is in custody since 27.10.2025
and has got two criminal antecedents. There is no
compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and
circumstances of the case and the period of custody
undergone by the petitioner, this Court is inclined to grant
bail to the petitioner.
7. Let the petitioner be released on bail on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with
two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Chapra
Rail P.S. case No. 222 of 2025, subject to the following
conditions:
(I) One of the bailors shall be own/close member
of the family of the petitioner.
Patna High Court CR. MISC. No.215 of 2026(2) dt.19-01-2026
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(II) The petitioner shall appear on each and every
date fixed at the trial. In case of default in such appearance
on two consecutive dates, the Trial Court will have liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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