Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Raju Kumar, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and several sections of the B.N.S., 2023, relating to alleged possession of 510 ml of liquor recovered from another individual's house. The petitioner claimed a clean record and argued that he was falsely implicated merely because he was present at the scene out of curiosity when a ruckus ensued. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and comply with the conditions under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S. The order is subject to the petitioner surrendering within six weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances alleged.
- Whether the petitioner is likely to flee or tamper with evidence, justifying denial of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S., 2023 — s. 132, 190, 191(2), 191(3), 263, 324(4), 324(5), 351(2), 351(3), 352
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- bail conditions
- prohibition act
- excise law
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26340 of 2026
Arising Out of PS. Case No.-304 Year-2025 Thana- NADI P.S. District- Patna
======================================================
Raju Kumar S/O Late Jagdish Rai @ Jagdish Singh Resident of Village -
Fatehjampur, P.S.- Nadi, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyamal Prakash
For the Opposite Party/s : Mr. Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022 and
sections 191(2), 191(3), 190, 132, 324(4), 324(5), 263, 352,
351(2), 351(3) of the B.N.S., 2023.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and the informant
alleges that 510 Ml. of liquor was recovered from the house of
Sanjay Kumar. It is submitted that the informant alleges that
when apprehended accused was being brought to the Police
Station when his family members and co-villagers gathered and
tried to flee the apprehended accused and thus committed
Patna High Court CR. MISC. No.26340 of 2026(2) dt.08-05-2026
2/2
ruckus but the police managed to bring the apprehended accused
to the Police Station. Learned counsel further submits that
petitioner has falsely been implicated in the instant case being a
co-villager. It is also submitted that on hearing alarm he went to
the place of occurrence out of him inquisitiveness and came to
be implicated.
4. Learned APP for the State opposes the prayer for
bail.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs.500/- (Rupees five hundred) with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/Successor Court
in connection with Nadi P.S. Case No. 304 of 2025, subject to
the conditions as laid down under Section 438(2) of Cr.P.C./u/s
482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Ranjeet/-
U T
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