Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
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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