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Patna High Court

Anshu RajakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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