Patna High Court
Raju Kumar Rai @ Raju Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing a bond of Rs.10,000 with two sureties.
Summary
The petitioner, Raju Kumar Rai, a truck driver, was charged under Sections 30(a) and 41(1) of the Bihar Prohibition & Excise Act for allegedly transporting 1,356 litres of illicit foreign liquor seized from his vehicle. He contended that he had no personal possession of the liquor, that the seizure was not conducted in compliance with Section 105 of the Bihar Narcotic Substances Act, and that he had no prior criminal record, having been in judicial custody since 22‑01‑2026. The State opposed bail, arguing the seriousness of the offence. The Patna High Court, after hearing both sides, found merit in the petitioner’s claim of innocence and procedural lapses, and consequently ordered that bail be granted on a bond of Rs.10,000 with two sureties. The order was directed to be satisfied before the Exclusive Special Judge, Excise, Barh.
Issues considered
- Whether bail should be granted to the accused driver under the Bihar Prohibition & Excise Act in view of alleged procedural irregularities and lack of personal possession of the seized liquor.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
- Bihar Prohibition & Excise Act — s. 30(a), 41(1)
Subjects
- bail
- excise law
- prohibition
- seizure procedure
- driver
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24088 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- PANDARAK District- Patna
======================================================
Raju Kumar Rai @ Raju Kumar Yadav S/o Sri Rajeshwar Rai @ Rajeshvar
Ray R/o Village - Gorigana, P.S. - Mahua, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Advocate.
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Pandarak P.S. Case No. 18 of 2026 registered for the
offence punishable under Sections 30(a) and 41(1) of the Bihar
Prohibition & Excise Act.
3. The case of the prosecution, in short, is that from a
truck, altogether 1356 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the petitioner is merely a driver of the
said truck. Nothing has been recovered from the possession of
Patna High Court CR. MISC. No.24088 of 2026(3) dt.12-05-2026
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the petitioner. The witnesses of the seizure list are police
personnel and the police has not complied with Section 105 of
the BNSS while making the seizure. Moreover, a statement has
been made in para 3 of the petition that petitioner has no
criminal antecedent and he is languishing in judicial custody
since 22.01.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Judge, Excise, Barh (Patna) in connection
with Pandarak P.S. Case No. 18 of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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