Patna High Court
RAJU KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner, directing release upon furnishing a bail bond of Rs.20,000 with two sureties.
Summary
Raju Kumar was arrested in connection with the recovery of 800 litres of illicit country-made liquor seized from four motorcycles near a railway track. He contended that he had no direct involvement, was not apprehended at the scene, and his name appeared only through the confessional statement of co-accused Santosh Kumar (Rocky). The petitioner highlighted his clean criminal record and that he had been in custody since 17-04-2026. The State opposed the bail application. Considering the lack of direct possession, the clean antecedent, and the reliance on a co-accused's statement, the Court inclined to grant regular bail, ordering release upon furnishing a bail bond of Rs.20,000 with two sureties of equal amount.
Issues considered
- Whether regular bail should be granted to the petitioner under section 30(a) of the Bihar Prohibition & Excise Act given the circumstances of the case.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- regular bail
- Bihar Prohibition & Excise Act
- illicit liquor
- co-accused confession
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32133 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- TANKUPPA District- Gaya
======================================================
RAJU KUMAR, Son of Sukhdeo Yadav Resident of Village- Jhurang, P.S.-
Gurpa, District- Gayaji.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Adv.
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-05-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Tankuppa P.S. Case No. 22 of 2026 registered for the offence
punishable under section 30(a) of the Bihar Prohibition & Excise
Act.
3. The main submissions advanced by petitioner’s
counsel are that the instant matter relates to the recovery of 800
litres of illicit country-made liquor and the same is stated to
have been recovered from four motorcycles near the railway
track but in fact the petitioner has no concern with the said
motorcycles or the seized liquor and was not apprehended at the
spot and nothing incriminating was recovered from his
conscious possession and the name of the petitioner surfaced in
the present matter on the basis of confessional statement of co-
accused Santosh Kumar @ Rocky. It is lastly submitted that the
Patna High Court CR. MISC. No.32133 of 2026(2) dt.12-05-2026
2/2
petitioner bears no criminal antecedent and has been languishing
in jail since 17.04.2026.
4. Learned APP for the State has opposed the 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 petitioner’s fair and clean antecedent
and also the fact that the petitioner was not apprehended at the
spot and his name surfaced later in the statement of co-accused
Santosh Kumar @ Rocky, this Court is inclined to release him on
bail. Accordingly, let the petitioner named-above be released on
bail 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 in connection with Tankuppa
P.S. Case No. 22 of 2026.
(Shailendra Singh, J)
annu/-
U T
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