Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic and Smuggling Act — s. 103, 105
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
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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
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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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