Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Petitioner Rajesh Kumar applied for bail in a case registered under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution’s case is based solely on a confessional statement of co‑accused Dheeraj Kumar, who named the petitioner after being apprehended with 171 litres of illicit Nepali liquor. The petitioner contended that he had no possession of the liquor, the motorcycle used did not belong to him, and that he was falsely implicated. The State opposed bail, citing the seriousness of the offences. The Court, after considering the submissions, granted bail on a cash bond of Rs.10,000 with two sureties, imposing conditions such as cooperation with the trial, attendance requirements, and restrictions against tampering with evidence or witnesses.
Issues considered
- What is the appropriateness of granting bail in offences punishable under Section 317(5) of the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise (Amendment) Act, 2022 given the facts of the case?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
Subjects
- bail
- criminal procedure
- Section 317
- prohibition and excise
- confessional statement
- evidence
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24877 of 2026
Arising Out of PS. Case No.-474 Year-2024 Thana- GHORASAHAN District- East
Champaran
======================================================
Rajesh Kumar, Son of Amiri Sah, Resident of Village- Nanaura (Nonaura),
P.S.- Ghorasahan, District- East Champran. (In the impugned order, the father
name of the petitioner has been mentioned as not known due to typing
mistake)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Adv.
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with
Ghorasahan P.S. Case No. 474 of 2024 dated 28.12.2024
registered for the offence punishable under Section 317(5) of the
Bharatiya Nyaya Sanhita, 2023 and under Sections 30(a) and
41(1) of the Bihar Prohibition and Excise (Amendment) Act,
2022.
3. As per the prosecution case, on secret information,
on 28.12.2024 co-accused Dheeraj Kumar was apprehended
while trying to escape after seeing the police and later he
disclosed the name of the petitioner, who fled away from the
Patna High Court CR. MISC. No.24877 of 2026(2) dt.16-04-2026
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place of occurrence. On search 171 litres country made Nepali
liquor was recovered from the sacks kept on motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. It is submitted that nothing has been recovered from the
conscious possession of the petitioner. Only on the confessional
statement of co-accused Dheeraj Kumar, the petitioner has been
made accused in this case. The motorcycle used in the said
crime does not belong to the petitioner. The petitioner is in
custody since 17.02.2026, having one criminal case against him
and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for
bail of the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Excise
Court No. 03, East Champaran at Motihari in connection with
Ghorasahan P.S. Case No. 474 of 2024, subject to the following
conditions:-
1. Petitioner shall co-operate in the trial and
shall be properly represented on each and every
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date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood
relation, preferably father, mother, brother, sister
and or his wife.
3. The bailor shall also state on affidavit that
he will inform the court concerned if the petitioner
is made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. 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.
5. The petitioner within two weeks of his
release from custody shall appear before the S.H.O.
of his local area alongwith a copy of this order and
shall appear every fortnightly to mark his
attendance till the framing of charge in the trial
court.
(Khatim Reza, J)
prabhat/-
U T
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