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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

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
                                                       2/2




                     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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