Patna High Court
Raju GiriversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise Act — s. 30(a), 32, 41(1)
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
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