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Patna High Court

Raju Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Raju Kumar Singh, was alleged to be involved in the transport of illicit liquor after a motorcycle, which he owned, was intercepted with 12.960 litres of foreign liquor. The prosecution argued that ownership of the vehicle linked him to the offence under Section 30(a) of the Bihar Prohibition & Excise Act, while the petitioner contended that his brother, Munna Kumar Singh, had misused the motorcycle without his knowledge and no incriminating material was found on him. The petitioner sought bail, arguing innocence and lack of direct evidence. The court considered the absence of any recovery from the petitioner, the arrest of co‑accused including his brother, and the possibility of false accusation. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions including presence of a close relative as a bailor and the petitioner’s attendance before the trial court. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner, as the owner of the motorcycle, should be granted bail pending trial for alleged offences under Section 30(a) of the Bihar Prohibition & Excise Act.
  • Whether the mere ownership of the vehicle, without any material recovered from the petitioner, suffices to justify denial of bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition & Excise Act
  • ownership of vehicle
  • false implication
  • criminal procedure
  • Section 30
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27501 of 2026
                        Arising Out of PS. Case No.-19 Year-2024 Thana- BARAHRI District- Rohtas
                 ======================================================
                 Raju Kumar Singh Son of Ram Awadhesh Singh Resident of village - Sorathi,
                 P.S.- Dinara, District - Rohtas.
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Babu Nandan Prasad, Advocate
                 For the Opposite Party/s :        Mr.Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-05-2026                  Learned counsel for the petitioner, at the outset,

                   submits that due to his fault the name of the deceased father of

                   the petitioner has been wrongly named and the word “Late”

                   could not be mentioned and seeks permission to add the word

                   “Late” in the cause title in course of the day.

                                02. Prayer is allowed.

                                03. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                04. In the present case, the petitioner is apprehending

                   his arrest in connection with Badhari P.S. Case No. 19 of 2024

                   registered for the alleged offences under Section 30(a) of the Bihar

                   Prohibition & Excise Act.

                                05. As per prosecution case, d uring checking of

                   vehicles on getting a tip off about ferrying of illicit liquor on a

                   motorcycle, the said motorcycle was intercepted and two
Patna High Court CR. MISC. No.27501 of 2026(2) dt.01-05-2026
                                            2/3




          persons riding the motorcycle tried to run away leaving behind

          the motorcycle but both of them were apprehended. The

          petitioner is said to be the owner of the motorcycle. From the

          jute bag loaded on the motorcycle, recovery of 12.960 litres of

          foreign liquor was made.

                        06. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this case.

          Petitioner was not apprehended from the spot and nothing

          incriminating has been recovered from his person or possession. It

          is true that the petitioner is the owner of the said motorcycle but

          the said motorcycle was taken by coaccused Munna Kumar Singh

          who is own brother of the petitioner and he misused the

          motorcycle in transporting illicit liquor. There is no cogent

          material against the petitioner to connect him with the offences as

          alleged except for the fact that he is said to be the owner of the

          motorcycle in which the illicit liquor was transported. Petitioner is

          having antecedent of one case of similar nature but the said case is

          of the year 2017 and thereafter there is no antecedent of the

          petitioner.

                        07. Learned A.P.P. for the State opposes the submission

          made on behalf of the learned counsel for the petitioner.

                        08. Having regard to the facts and circumstances and

          submission made on behalf of the parties and considering the fact
             Patna High Court CR. MISC. No.27501 of 2026(2) dt.01-05-2026
                                                         3/3




                       that no recovery has been shown from the petitioner and further

                       considering arrest of the coaccused persons including the brother

                       of the petitioner and also considering possibility of false

                       accusation, let the petitioner above named, in the event of his

                       arrest or surrender before the court concerned within a period of

                       eight weeks from today, be released on bail, on furnishing bail

                       bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two

                       sureties of the like amount each to the satisfaction of Court of

                       learned Exclusive Special Judge, Court No. 1, Rohtas at Sasaram

                       in connection with Badhari P.S. Case No. 19 of 2024, subject to

                       the condition laid down under Section 482(2) of the B.N.S.S. and

                       other following conditions:

                                                       (i) One of the bailors will be a

                                                       close relative of the petitioner.

                                                       (ii) The petitioner will remain

                                                       present on each and every date

                                                       fixed by the court below, if so

                                                       required by the learned trial

                                                       court.



                                                 (Arun Kumar Jha, J)
Anuradha/-
U     T


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