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Patna High Court

Raju GiriversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The Court held that bail should be granted to the petitioner on the conditions specified.

Summary

The petitioner, Raju Giri, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 106.8 litres of Nepali Kasturi liquor. He claimed innocence, stating that no incriminating material was found in his conscious possession and that he had been falsely implicated. The State opposed bail, citing the seriousness of the offence and the petitioner’s two prior criminal antecedents. The Court considered the facts, the period of custody since 13‑02‑2026, and the lack of direct evidence against the petitioner. Concluding that the circumstances warranted release, the Court ordered bail on a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Judge. The order was made on a prima facie basis and does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the accused’s antecedents
  • Whether the period of custody already undergone justifies release on bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • Section 30(a)
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30059 of 2026
                   Arising Out of PS. Case No.-158 Year-2025 Thana- ADAPUR District- East Champaran
                 ======================================================
                 Raju Giri S/O Ramdeo Giri R/O Vill.- Murtiya(shyampur), P.s.- Aadapur,
                 District- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Kumar
                 For the Opposite Party/s :       Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   06-05-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Aadapur P.S. Case No. 158 of 2025 registered for the offences

                   punishable under Sections 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case is that 106.8 liters of Nepali

                   Kasturi liquor was recovered from the place of occurrence.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner is

                   in custody since 13.02.206 and has got two criminal antecedent.
           Patna High Court CR. MISC. No.30059 of 2026(2) dt.06-05-2026
                                                       2/2




                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     Exclusive Special          Excise Judge, Civil Court No. 2, East

                     Champaran, Motihari/concerned Court in connection with

                     Aadapur P.S. Case No. 158 of 2025.

                                  8. It is made clear that any observation made herein is

                     prima facie in nature and limited solely for the purpose of

                     adjudication of the present bail application. Such observations

                     shall not be construed as an expression on the merits of the case

                     and shall not influence the trial or any other proceedings in any

                     manner.



                                                      (Ansul, J)
abhishekkr/-

U      T


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