Patna High Court
Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioners, subject to a bond of Rs.10,000 each with two sureties.
Summary
The petitioners, Raju Kumar and Jitendra Rai, were arrested in connection with the seizure of 116.760 litres of illicit foreign liquor, alleged to be in joint possession, under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, had no ownership interest in the seized motorcycle, and had no connection with the liquor. The petitioners had been in custody since 11 April 2026 and sought bail, while the State opposed the application. The Court, after considering the facts, the nature of the offence, and the period of detention, decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge, Excise‑3, Saran. The Court clarified that its observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act given the nature of the offence and the period of custody
- Whether the petitioners are likely to flee or tamper with evidence
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- bail
- excise law
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34037 of 2026
Arising Out of PS. Case No.-84 Year-2026 Thana- Excise P.S. District- Saran
======================================================
1. Raju Kumar S/o Late Jawahir Rai @ Jawahir Ray R/o Village - Sengar Tola,
Ward No. 19, P.S - Revilganj, District - Saran
2. Jitendra Rai S/o Tahalu Rai R/o Village - Sengar Tola, Ward No. 21, P.S -
Revilganj, District - Saran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Shweta Anand, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail in Sadar Excise P.S. Case
No. 84 of 2026 registered under sections 30(a), 32(3) of the
Bihar Prohibition and Excise Act.
3. There is recovery of 116.760 litres of illicit foreign
liquor from the joint possession of these petitioners.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely being implicated in the
present case. Learned counsel further submitted that the
petitioners have no concern with the seized article and also they
are not the owner of the seized motorcycle. Petitioners are in
Patna High Court CR. MISC. No.34037 of 2026(2) dt.19-05-2026
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custody since 11.04.2026.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioners.
6. Considering the facts and circumstances of the case
and the period of custody, this Court is inclined to grant bail to
the petitioners.
7. Accordingly, let the petitioners above named be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of learned Special Judge, Excise-3, Saran at
Chapra/concerned court below in connection with Sadar Excise
P.S. Case No. 84 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-Nitesh
U T
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