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Patna High Court

Raju KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and specified conditions.

Summary

Petitioner Raju Kumar was arrested on 3 March 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 867.24 litres of Indian Made Foreign liquor were seized from a garage he allegedly does not own, the property being a joint house. He pleaded clean antecedent and argued that the State failed to comply with Sections 103 and 105 of the Bihar Narcotic and Smuggling Act, 2023. The State opposed bail. The Court, noting the petitioner’s clean record and the procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedent. The bail order directed that any violation of conditions could lead to cancellation. The petition for bail was therefore allowed.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the alleged offence and the procedural non‑compliance of Sections 103/105 of the BNSS, 2023.
  • Whether the petitioner’s claim of non‑ownership of the garage and clean antecedent affect the bail decision.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • seizure of liquor
  • clean antecedent
  • procedural lapse
  • joint property
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24435 of 2026
                      Arising Out of PS. Case No.-72 Year-2026 Thana- NARDIGANJ District- Nawada
                 ======================================================
                 Raju Kumar S/O Vijay Kumar R/O Village- Hirawan Bigha, P.S.- Nardiganj,
                 Distt.- Nawada, At Present R/O Village- Chorma Banganga, P.S.- Nardiganj,
                 Distt.- Nawada

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sheo Kumar Prasad, Advocate
                                                  Mr. Arihant Singh, Advocate
                 For the Opposite Party/s :       Mr. Renuka Ratnakar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-04-2026                   Heard Mr. Arihant Singh, learned counsel for the

                   petitioner and Mr. Parmanand Prasad, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   03.03.2026 in connection with Nardiganj P.S. Case No. 72 of

                   2026, F.I.R. dated 03.03.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                                 3. Recovery is of 867.24 litres of Indian Made

                   Foreign liquor from the garage of the petitioner.

                                 4. Learned counsel for the petitioner submit that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. Learned counsel further submits

                   that the petitioner is not the owner of the garage in question

                   rather the garage in question is a joint house property and
Patna High Court CR. MISC. No.24435 of 2026(2) dt.15-04-2026
                                            2/3




          seizure list witnesses are the local Chowkidar. There is non-

          compliance of Section 103/105 of the BNSS, 2023. Petitioner is

          in custody since 03.03.2026.

                       5. Learned APP for the State on the other hand

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, clean antecedent of the petitioner and there is non-

          compliance of Section 103/105 of the BNSS, 2023, let the

          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Court Excise- 2, Nawada in connection with Nardiganj

          P.S. Case No. 72 of 2026, with the following conditions:

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on her absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       iii. And further condition that the court below shall
            Patna High Court CR. MISC. No.24435 of 2026(2) dt.15-04-2026
                                                        3/3




                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T


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