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Patna High Court

RAJU KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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