Patna High Court
Vidarthi Raj Nishan @ Raj Baba @ Bidhyarthi Raj Nishan @ Raja BabaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Vidarthi Raj Nishan, was charged under Section 30(a) of the Bihar Excise Act for allegedly recovering 700 litres of liquor from the courtyard of Asha Devi. He was not apprehended at the scene and no liquor was found in his possession; the prosecution’s case relied on a confessional statement made by Asha while in police custody, which the petitioner argued lacks evidentiary value. The petitioner, who had been in custody since 26‑03‑2026, applied for bail, asserting he would not abscond and would cooperate with the trial. The State opposed the bail application. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs 5,000 with two sureties of the same amount, to be satisfied by the trial court where the case is pending.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Excise Act where the alleged offence involved recovery of liquor but no possession or apprehension at the spot.
- Whether a confessional statement made by a co‑accused in police custody can be relied upon as evidence to justify denial of bail.
- Whether the petitioner’s custody since 26‑03‑2026 and the circumstances of the case warrant the grant of bail.
Subjects
- bail
- excise law
- Section 30(a)
- confessional statement
- police custody
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26368 of 2026
Arising Out of PS. Case No.-519 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Vidarthi Raj Nishan @ Raj Baba @ Bidhyarthi Raj Nishan @ Raja Baba Son
of Ranjit Upadhya @ Ranjeet Upadhyay Resident of village- Repura P S
-Bheldi District -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar
For the Opposite Party/s : Mr. Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 700 liters of liquor from courtyard of
Asha Devi.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.26368 of 2026(2) dt.24-04-2026
2/2
and he came to be implicated based on confessional statement of
Asha in police custody which does not have any evidentiary
value. It is also submitted that petitioner is in custody since
26.03.2026 and if privilege of bail is granted, the petitioner will
not abscond rather will cooperate in the trial to prove his
innocence.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) 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
Marhowrah P.S. Case No. 519 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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