Patna High Court
Raju Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition & Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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
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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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