Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Non‑Standard Substances Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a), 41
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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