Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- B.N.S.S., 2023 — s. 103, 105
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/-
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