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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Raja Kumar, was arrested in connection with a case of illicit liquor seizure amounting to 947.160 liters from a pick‑up vehicle. He applied for bail, claiming he was merely the driver and that no liquor was found in his possession. The prosecution alleged violation of Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. The petitioner contended that the police seizure did not comply with Section 105 of the Bihar Non‑Standard Substances Act and that he has no prior criminal record. After hearing both sides, the court found merit in the bail plea and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge, Excise Court No. II, Muzaffarpur.

Issues considered

  • Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act.
  • Whether the seizure of the alleged illicit liquor complied with Section 105 of the Bihar Non‑Standard Substances Act.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • excise law
  • seizure procedure
  • Section 105
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30569 of 2026
                    Arising Out of PS. Case No.-109 Year-2026 Thana- MANIYARI District- Muzaffarpur
                 ======================================================
                 Raja Kumar S/o Bharat Bhagat R/o Vill. - Beruyadih, Ward no. 7, P.S. -
                 Bariyarpur(Sakra), Distt. - Muzaffarpur, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anish Kumar, Adv.
                 For the Opposite Party/s :       Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Maniyari P.S. Case No. 109 of 2026 registered for the

                   offence punishable under Sections 30(a)/41 of the Bihar

                   Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   pick-up vehicle, altogether 947.160 liters of illicit 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 the petitioner is the driver of the said

                   pick-up vehicle. Nothing has been recovered from the
           Patna High Court CR. MISC. No.30569 of 2026(2) dt.07-05-2026
                                                       2/2




                     possession of the petitioner. The witnesses of the seizure list are

                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. Moreover, a

                     statement has been made in para 3 of the petition that petitioner

                     has no criminal antecedent and he is languishing in judicial

                     custody since 03.04.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  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. 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 Judge, Excise Court No.II, Muzaffarpur in

                     connection with Maniyari P.S. Case No. 109 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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