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Patna High Court

Raju KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                                  (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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