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
- Bihar Prohibition and Excise Act — s. 30(a)
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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