Created by Fuzzy Cloud

Patna High Court

Raju Kumar Rai @ Raju Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                       2/2




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.