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Patna High Court

Raju Sah @ Raju Kumar @ Raju Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of direct recovery of the contraband from the petitioner’s possession and reliance solely on the co‑accused’s statement, bail may be granted subject to appropriate conditions.

Summary

The petitioner, Raju Sah, was arrested in connection with a case of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The prosecution’s case relied on a co‑accused’s confession that the liquor recovered from a motorcycle belonged to the petitioner, although no liquor was found in the petitioner’s direct possession. The petitioner argued that the only evidence against him was the co‑accused’s statement and that he had been in custody since 10‑03‑2026. The State opposed bail, highlighting the petitioner’s antecedent of eleven criminal cases, five of which were already on bail. The High Court, considering the lack of direct evidence and the petitioner’s cooperation, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding attendance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether the petitioner is entitled to bail despite the prosecution’s reliance on a co‑accused’s confession and his criminal antecedent.

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • criminal antecedent
  • Section 30(a)
  • Bihar Prohibition and Excise Amendment Act
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29575 of 2026
                     Arising Out of PS. Case No.-342 Year-2025 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
                 Raju Sah @ Raju Kumar @ Raju Kumar Sah S/o- Indrajeet Sah @ Indrajit
                 Sah Resident of Bijbani, Baraiya Tola P.S- Jitna Dist- East Champaran
                                                                                  ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                           ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kundan Rathore Alias Kundan Kumar
                 For the Opposite Party/s :      Mr. Md. Shakir Ahmad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   04-05-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   10.03.2026 in connection with Ghorasahan P.S. Case No. 342 of

                   2025 for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Amendment Act, 2022.

                               3. The case of the prosecution, in brief, is that on the

                   basis of secret information, on 16.10.2025, co-accused was

                   carrying illicit liquor. When the accused person saw the police

                   Team, he tried to fled away on the spot. That co-accused is

                   arrested at the spot. The team search the bike and found total

                   10.80 liters of Nepali liquor and one bike were recovered. The

                   accused person stated that the said liquor is belongs to the

                   petitioner and he was going to deliver it to Jumai Mian.

                   Accordingly, seizure list was prepared. Hence this is lodging the

                   FIR.

                               4. Learned counsel for the petitioner submits that it
Patna High Court CR. MISC. No.29575 of 2026(2) dt.04-05-2026
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          appears from the FIR and seizure list that nothing has been

          recovered from the conscious possession of the petitioner rather

          the recovery has been made from the motorcycle in question. It

          is next submitted that name of the petitioner has transpired on

          the basis of confessional statement of co-accused person,

          namely, Chandan Kumar and except the aforesaid nothing has

          come during the investigation to suggest the involvement of the

          petitioner in the present occurrence and petitioner is in custody

          since 10.03.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of eleven cases other than

          the present case but fairly submits that petitioner is on bail in

          five cases and the rest cases are pending for consideration

          before the court of competent jurisdiction.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

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

          Exclusive Special Excise Court No. 3/concern court, Motihari,

          East Champaran in connection with Ghorasahan P.S. Case No.

          342 of 2025, subject to the following conditions:-
           Patna High Court CR. MISC. No.29575 of 2026(2) dt.04-05-2026
                                                       3/3




                                  i. Petitioner shall co-operate in the trial and shall be

                     properly represented on each and every date fixed by the court

                     and shall remain physically present as directed by the court and

                     on his absence on two consecutive dates without sufficient

                     reason, his bail bond shall be cancelled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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