Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Raja Kumar, a driver, was arrested in connection with the seizure of 288 litres of Nepali liquor from a car, alleged to be a violation of Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act. He filed a petition for regular bail, claiming innocence and asserting that the seizure was effected without compliance with Section 105 of the B.N.S.S., and that the witnesses were police personnel. The State opposed bail, citing a prior criminal case against the petitioner. After hearing both sides, the Court considered the lack of substantive evidence linking the petitioner to the offence and the procedural irregularities alleged. The Court concluded that the petitioner was entitled to bail and ordered his release on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance with Section 105 of the B.N.S.S. during seizure affects the bail application.
- Whether the petitioner’s prior criminal antecedent justifies denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(c)
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition
- excise
- seizure
- driver
- procedural lapse
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26863 of 2026
Arising Out of PS. Case No.-255 Year-2026 Thana- EXCISE PUPRI District- Sitamarhi
======================================================
Raja Kumar, S/O Shivaji Ray, Resident of village - Amba Kala (Amwa
Kalan), P.S.- Piprahi, District- Sheohar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 30(a) and
32(c) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from a
car, altogether 288 liters of Nepali country made liquor was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. He is just a driver of the
car. It has further been submitted that the witnesses of the
seizure list are police personnel. Police has not complied
Section 105 of the B.N.S.S. while making the seizure.
Patna High Court CR. MISC. No.26863 of 2026(2) dt.23-04-2026
2/2
Petitioner is languishing in judicial custody since 16.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of one
case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Pupri Excise Prohibition P.S. Case No. 255 of 2026 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court No. II, Sitamarhi.
(Ashok Kumar Pandey, J)
lata/-
U T
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