Patna High Court
Raju Sah @ Raju Kumar @ Raju Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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