Created by Fuzzy Cloud

Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail and is released upon furnishing the prescribed bond and sureties.

Summary

The petitioner, a driver, was arrested after 857.52 litres of foreign liquor were seized from two tempos, one of which he was driving. He was charged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2022. The petitioner argued that the liquor was not in his conscious possession, that he has no prior criminal record, and that procedural requirements under Sections 103 and 105 of the B.N.S.S., 2023 were not complied with. The State opposed bail. The court, after considering the facts and the earlier bail granted to another driver in a related case, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the seizure of foreign liquor from the vehicle he was driving.
  • Whether the lack of conscious possession and non‑compliance with Sections 103 and 105 of the B.N.S.S., 2023 justify granting bail.
  • Whether the prior bail granted to a co‑accused influences the bail decision for the petitioner.

Legislation cited

Subjects

  • bail
  • prohibition
  • excise
  • foreign liquor
  • possession
  • procedural compliance
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23296 of 2026
                    Arising Out of PS. Case No.-398 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Raja Kumar, S/O Ram Prasad Paswan, R/O Village- Patiyasa, P.S- Garha,
                 District- Muzaffarpur.
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar, Adv.
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   08-04-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                2. The petitioner seeks bail in connection with

                   Ahiyapur P.S. Case No. 398 of 2026 dated 24.02.2026

                   registered for the offence punishable under Sections 30(a)

                   and 41 of the Bihar Prohibition and Excise Act, 2022.

                                3. The allegation is of recovery of 857.52 litres

                   foreign liquor from two goods carriage Tempo. The

                   petitioner is the Driver of one of the seized Tempo.

                                4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in

                   this case. It is submitted that nothing has been recovered

                   from conscious possession of the petitioner, rather the

                   recovery of 857.52 litres of foreign liquor has been

                   recovered from two goods carriage Tempo. It is further
            Patna High Court CR. MISC. No.23296 of 2026(2) dt.08-04-2026
                                                        2/2




                      submitted that one of the Driver of the seized Tempo has

                      been granted bail vide order dated 24.03.2026 passed in

                      Criminal Miscellaneous No. 18384 of 2026 by a co-ordinate

                      Bench of this Court. Further, it is submitted that there is

                      non-compliance of Sections 103 and 105 of the B.N.S.S.,

                      2023. The petitioner is in custody since 25.02.2026, having

                      no criminal antecedent and charge-sheet has been submitted

                      in the case.

                                   5. Learned A.P.P for the State opposes the prayer

                      for bail of the petitioner.

                                   6. Having considered the facts and circumstances

                      of the case and submissions of learned counsel for the

                      parties, let the petitioner be released on bail upon furnishing

                      bail bonds of Rs. 10,000/- (ten thousand) with two sureties

                      of the like amount each to the satisfaction of the learned

                      Special Judge, Exclusive Excise Court No. 1, Muzaffarpur

                      in connection with Ahiyapur P.S. Case No. 398 of 2026.



                                                   (Khatim Reza, J)
prabhat/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.