Patna High Court
Raja Kumar @ Raja BabuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the petition for anticipatory bail, subject to bond and surety conditions.
Summary
Petitioner Raja Kumar, owner of a motorcycle, was implicated in a case where police intercepted the vehicle carrying 30 litres of illicit country-made liquor and arrested a co-accused who named the petitioner as a co‑offender. The petitioner feared arrest and applied for anticipatory bail, contending that the search and seizure violated mandatory procedural provisions and that he has no prior criminal record. The State opposed the bail, relying on the alleged involvement under Section 317(2) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. The Court examined the material and, while noting the seriousness of the offence, considered the petitioner’s claim of innocence and lack of antecedents. It granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., directing surrender within six weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the applicable provisions.
- Whether the search and seizure conducted by the police complied with mandatory legal requirements.
Legislation cited
Subjects
- anticipatory bail
- search and seizure
- illegal liquor
- Section 317
- Section 30
- Section 482
- criminal procedure
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23653 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- SHIVSAGAR District- Rohtas
======================================================
Raja Kumar @ Raja Babu Son of Dhanji Ram Resident of Mohalla - Baulia,
P.S.- Sasaram Nagar, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashikant, Advocate
Mrs. Priyanka Singh, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Shivsagar P.S. Case No. 60 of 2026 dated
17.02.2026 registered for the offences punishable under Section
317(2) of the B.N.S. and Section 30(a) of Bihar Prohibition and
Excise Act.
3. As per the allegation, on a secret information, a
motorcycle was intercepted in which two people were found
seated, one person managed to escape and one came to be
arrested. The arrested person disclosed his name as Amarjeet
Kumar and altogether 30 litres of illicit country-made liquor
was recovered.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.23653 of 2026(2) dt.22-04-2026
2/2
that petitioner happens to be the owner of the motorcycle in
question and the co-accused has named this petitioner only to
save himself and had the petitioner been present there he would
have been arrested there itself when many police personnels
were present there. The search and seizure list is in violation of
mandatory provisions as regarding the search and seizure. It has
further been submitted that petitioner has got no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record, let the
above named petitioner, in the event of his arrest/surrender
within a period of six weeks from today, be enlarged on
anticipatory bail on furnishing bail-bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of the learned court concerned, Sasaram in
connection with Shivsagar P.S. Case No. 60 of 2026, subject to
conditions as laid down under section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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