Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
Petitioners Raja Kumar and Awadhesh Kumar were arrested on 14 March 2026 in connection with an excise case involving the seizure of 75.960 litres of illicit foreign liquor. They were charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018. The petitioners contended that the liquor was recovered from a vehicle and not from their conscious possession, that they have clean antecedents, and that procedural requirements under Sections 103 and 105 of the BNSS were not complied with. The Additional Public Prosecutor opposed bail. The Court, after considering the facts, 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 was made without delay for verification of antecedents.
Issues considered
- Whether the petitioners are entitled to bail despite the seizure of a large quantity of illicit liquor.
- Whether non‑compliance with Sections 103 and 105 of the BNSS affects the bail application.
- Whether the petitioners' alleged lack of conscious possession and clean antecedent justify bail.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise
- illicit liquor
- false implication
- criminal antecedent
- Section 103
- Section 105
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26517 of 2026
Arising Out of PS. Case No.-68 Year-2026 Thana- Excise P.S. District- Saran
======================================================
1. Raja Kumar S/o Indrajeet Kumar Singh @ Indrajit Kumar R/o Village -
Sitalpur (Kamalpur), Ward No. 08, P.S - Bidupur, District - Vaishali
2. Awadhesh Kumar @ Awadesh Kumar S/o Ramanand Singh R/o Village -
Gauspur Ixra Ward No. 07, P.S - Hajipur Sadar, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raushan Raj, Advocate
: Mr. Vikash Kumar Yadav, Advocate
: Mr. Sitesh Kashyap, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Raushan Raj, learned counsel for the
petitioners and Mr. Kumar Ranjit Ranjan, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
14.03.2026 in connection with Sadar Excise P.S. Case No. 68 of
2026, F.I.R. dated 13.03.2026 for the offences punishable under
Section 30(a), 32(3) of the Bihar Prohibition and Excise
Act, 2018.
3. Recovery is of 75.960 liters of illicit foreign liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. He further submits that it appears
Patna High Court CR. MISC. No.26517 of 2026(2) dt.22-04-2026
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from the F.I.R. as well as seizure list that nothing have been
recovered from the conscious possession of the petitioners
rather the recovery has been made from vehicle in question and
the petitioners have no concern at all with the alleged recovery
of liquor. He further submits that seizure list witnesses are
police personnel and there is non-compliance of Section 103
and 105 of BNSS and the petitioners are in custody since
14.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, 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 Excise Judge, Saran, Chapra in connection
with Sadar Excise P.S. Case No. 68 of 2026, subject to the
following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
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ii. If the petitioners tamper 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
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Suruchi/-
U T
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