Created by Fuzzy Cloud

Patna High Court

Raju GiriversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner with conditions and a bail bond.

Summary

Raju Giri applied for bail in a case where 120 litres of Nepali country-made liquor was seized from a co-accused, Nasim Miyan, and the petitioner was implicated solely by the co-accused's statement. The petitioner claimed innocence, stating that no liquor was recovered from him and that he had been in judicial custody since 11 March 2026. The State opposed bail, citing three prior similar offences against the petitioner. After hearing both sides, the Patna High Court held that the petitioner could be released on bail, subject to conditions that he not commit similar offences and cooperate with the trial. The court ordered a bail bond of Rs 10,000 with two sureties, to be satisfied before the Exclusive Special Excise Judge Court.

Issues considered

  • Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act offences.
  • Whether the petitioner’s alleged involvement based solely on the co-accused’s statement justifies denial of bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • co-accused statement
  • criminal antecedent
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28875 of 2026
                   Arising Out of PS. Case No.-369 Year-2025 Thana- ADAPUR District- East Champaran
                 ======================================================
                 Raju Giri S/o Ramdeo Giri R/o vill- Murtiya, Ps- Aadapur, District- East
                 Champaran
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Aadapur P.S. Case No. 369 of 2025 registered for the

                   offence punishable under Sections 30(a), 32, 41(1) of the Bihar

                   Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that from

                   the possession of one Nasim Miyan, altogether 120 liters of

                   Nepali country-made liquor was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that as per the case of the prosecution, the

                   petitioner has fled away and the name of this petitioner has been

                   disclosed by co-accused namely, Nasim Miyan. It has been
           Patna High Court CR. MISC. No.28875 of 2026(2) dt.05-05-2026
                                                       2/2




                     submitted that nothing has been recovered from the possession

                     of the petitioner. The name of this petitioner has surfaced only

                     on the basis of the statement of co-accused. He further submits

                     that the petitioner is languishing in judicial custody since

                     11.03.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has criminal

                     antecedent of three cases of similar nature.

                                  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 with the condition

                     that the petitioner shall not indulge himself in similar nature

                     of offences in future and shall cooperate in the trial. The

                     above named petitioner is directed to be enlarged on bail on

                     furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

                     with two sureties of the like amount each to the satisfaction of

                     the learned Exclusive Special Excise Judge Court No. 2, Civil

                     Court, East Champaran, Motihari in connection with Aadapur

                     P.S. Case No. 369 of 2025.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.