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Patna High Court

Raju Murmu @ Raju HembramversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to a bond of ₹30,000 and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Raju Murmu, faced arrest in a case involving the alleged recovery of 13.5 liters of illicit liquor from his kitchen, charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that the liquor was planted by an enemy and that he had no possession or involvement in the offence. The State opposed his bail application, emphasizing the seriousness of the charge. The court considered the bail provisions under the Bharatiya Nagrik Suraksha Sanhita, 2023, and the circumstances presented. It ordered that the petitioner be released on bail upon furnishing a bond of ₹30,000, subject to conditions under Section 482(2) of the same Act. The decision allows the petitioner to remain free pending trial, provided he complies with the bail terms.

Issues considered

  • Whether bail should be granted to the petitioner pending trial for an alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the alleged liquor was in the petitioner’s possession or was planted, affecting the bail consideration.
  • Application of Section 2(1)(d) and Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in granting bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition act
  • Section 30(a)
  • Bharatiya Nagrik Suraksha Sanhita
  • criminal procedure
  • evidence planting

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25008 of 2026
                         Arising Out of PS. Case No.-29 Year-2026 Thana- PALASI District- Araria
                 ======================================================
                 Raju Murmu @ Raju Hembram S/o Ratan Tuddu R/o Village- Khapra, Ward
                 No.7, P.S- Palasi, Dist- Araria.
                                                                      ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Mrigendra Kumar, Advocate
                 For the Opposite Party/s :        Mr.Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER
2   29-04-2026                  Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Palasi P.S. Case No. 29 of 2026 registered on 20.01.2026

                   for the offences punishable under Section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. As per prosecution, total recovery of 13.500 liters

                   illicit liquor, from the kitchen of the petitioner, is the subject

                   matter of the present case.

                                4. It is submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has committed no

                   offence. The alleged recovery has not been made from the

                   possession of the petitioner rather it has been shown from the

                   kitchen of the petitioner. The said alleged liquor was planted by

                   his enemy in his absence. The petitioner has a clean criminal
         Patna High Court CR. MISC. No.25008 of 2026(2) dt.29-04-2026
                                                     2/2




                   antecedent.

                                5. Learned APP for the State opposes the prayer for

                   bail of the petitioner and submits that the antecedent of the

                   petitioner is clean.

                                6. In the facts and circumstances, let the above named

                   petitioner be released on bail, in the event of arrest or surrender

                   before the Trial Court within a period of four weeks from today,

                   on furnishing bail bond of ₹30000/- (thirty thousand) as

                   mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha

                   Sanhita, 2023 to the satisfaction of the District & Additional

                   Sessions Judge-cum- Exclusive Special Excise Judge-II, Araria,

                   in connection with the aforementioned case, subject to the

                   conditions as laid down under Section 482(2) of the Bharatiya

                   Nagrik Suraksha Sanhita, 2023.


                                               (Dr. Anshuman, J)
Aman Kumar/-
U     T


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