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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail and the court granted regular bail.

Summary

The petitioner, Raja Kumar, was arrested in connection with Excise PS Case No. 1013 of 2026 for an alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act. He applied for regular bail, asserting his innocence, lack of criminal antecedent, that the alleged recovery was from a field he does not own, and that the prosecution had no independent witness. The State opposed the bail application. The court considered the petitioner’s clean record, the length of his custody since 3 April 2026, and the absence of compelling evidence against him. It ordered that the petitioner be released on bail upon furnishing a bond of Rs.20,000 with two sureties of the same amount. The order was delivered by Justice Shailendra Singh.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • criminal antecedent
  • excise case
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31977 of 2026
                  Arising Out of PS. Case No.-1013 Year-2026 Thana- Excise P.S. District- East Champaran
                 ======================================================
                 Raja Kumar, S/o Nandu Rai, Resident of village - Salempur, ward no. 1, P.S.-
                 Piprakothi, Distt.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Abhishek Kumar, Adv.
                 For the Opposite Party/s :        Mr.Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-05-2026                  1. Heard the parties

                                2. The petitioner seeks regular bail in connection with

                   Excise P. S. Case No. 1013 of 2026 registered for the offence

                   punishable under Section 30(a) of Bihar Prohibition and Excise

                   Act.

                                3.         The main submissions advanced by the

                   petitioner's counsel are that the petitioner is innocent and has

                   been falsely implicated in the present case and he has no

                   criminal antecedent and has been languishing in jail since

                   03.04.2026 and further the alleged recovery has been made from

                   a field accessible to all and not from the conscious possession of

                   the petitioner and the petitioner is not the owner of the said

                   field. It is further submitted that there is no independent witness

                   to support the prosecution version and the petitioner has been
              Patna High Court CR. MISC. No.31977 of 2026(2) dt.12-05-2026
                                                          2/2




                        made accused due to suspicion only.

                                     4. Learned APP appearing for the State has opposed

                        the bail prayer of the petitioner.

                                     5. In the facts and circumstances of this case and

                        considering the statements made in the petition as well as above

                        submissions,        coupled with the petitioner's fair and clean

                        antecedent, his custody period, this court is inclined to enlarge

                        the petitioner on bail, accordingly, let the petitioner named-

                        above be enlarged on bail in connection with Excise P. S. Case

                        No. 1013 of 2026 on furnishing bail bond of Rs. 20,000/-

                        (Rupees Twenty Thousand) with two sureties of the like amount

                        each to the satisfaction of the Court concerned.



                                                  (Shailendra Singh, J)
Rajiv/-

U         T


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