Patna High Court
Anshu RajakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, directing release on a bond of Rs 10,000 with two sureties.
Summary
Anshu Rajak was arrested in connection with an illicit liquor seizure of 239.4 litres in Buxar and charged under section 317(5) of the Bhartiya Nyaya Sanhita, 2023 and section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution’s case relied on an informant’s report and a confessional statement of co‑accused Raja Rain, who named Rajak as one of the five persons who escaped. Rajak had been in custody since 8 February 2026 and sought regular bail. The State opposed the bail, arguing the seriousness of the offence and the co‑accused’s confession. The Court, after hearing counsel, held that the circumstances did not preclude bail and ordered Rajak’s release on a bond of Rs 10,000 with two sureties. The bail order was directed to be complied with by the Exclusive Special Judge, Excise Court No‑1, Buxar.
Issues considered
- Whether the petitioner is entitled to regular bail under section 317(5) of the Bhartiya Nyaya Sanhita, 2023 and section 30(a) of the Bihar Prohibition and Excise Act, 2016 despite the co‑accused’s confessional statement.
- Whether the petitioner’s continued custody since 8 February 2026 justifies denial of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 317(5)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- illicit liquor
- excise law
- confessional statement
- co‑accused
- criminal procedure
- Bihar
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23934 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- BUXAR District- Buxar
======================================================
Anshu Rajak S/O Karim Rajak R/O Vill.- Nehru Nagar Buxar, P.S- Buxar
Town, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr.Kamal Deo Sharma, Advocate
Mr. Tushar Vaibhav, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Buxar (T) P.S. Case
no.22 of 2026 registered under section 317(5) of the Bhartiya
Nyaya Sanhita, 2023 and section 30(a) of the Bihar Prohibition
and Excise Act, 2016.
3. As per the prosecution case, the informant states
that on confronting the six accused persons on three
motorcycles to stop, they made an attempt to escape but one of
them was caught who disclosed his name as Raja Rain. On
search, a total of 239.4 litres of illicit liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case because of his
antecedents. His name transpired in the confessional statement
of co-accused Raja Rain, who stated that he was involved in the
Patna High Court CR. MISC. No.23934 of 2026(2) dt.16-04-2026
2/2
business of liquor along with the petitioner and others and the
petitioner was amongst the five accused persons who had
managed to escape. The said Raja Rain has been enlarged on
bail vide order dated 27.2.2026 passed in Cr. Misc. no.14852 of
2026. The petitioner is in custody since 8.2.2026 and as per
instructions received, charge has been framed in the learned
Court below.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the petitioner not having been arrested at the spot, his
name transpiring in the confessional statement of a co-accused
who has himself been enlarged on bail vide aforesaid order
dated 27.2.2026 and the petitioner having remained in custody
since 8.2.2026, the petitioner is directed to be enlarged on bail
in connection with Buxar (T) P.S. Case no.22 of 2026 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 Exclusive Special Judge, Excise Court No.-1, Buxar.
(Partha Sarthy, J)
Shiv/-
U T
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