Patna High Court
Raja Babu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioners.
Summary
Raja Babu Kumar and Amit Bharti were arrested in Siwan on suspicion of transporting 626.100 litres of liquor, alleged to be riders of a pickup van. They were charged under Sections 111 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, and have been in custody since 19‑04‑2026. The petitioners applied for bail, arguing that the liquor was not recovered from their conscious possession. The State opposed the bail. The Court, noting the lack of conscious possession, granted bail on a bond of Rs 10,000 each with two sureties, subject to the Exclusive Special Excise Court. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether the petitioners are entitled to bail despite the alleged possession of a large quantity of liquor
- Whether the recovery of liquor from the vehicle constitutes conscious possession sufficient to deny bail
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 111, 3(5)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- liquor
- excise
- possession
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34867 of 2026
Arising out of PS. Case No.-221 Year-2026 Thana- SIWAN MUFFASIL District- Siwan
======================================================
1. Raja Babu Kumar S/o Kirtu Ram Resident of Village - Mathurapur, P.S. -
Paru, District - Muzaffarpur
2. Amit Bharti @ Amit Kumar S/o Nageshwar Ram Resident of Village -
Bahlolpur, P.S. - Paru, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Adv.
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail in Siwan Mufassil P.S.
Case No. 221 of 2026 dated 18.04.2026 registered under
Sections 111, 3(5) BNS 2023 and Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. The allegation is that 626.100 litres of liquor was
recovered from a Pickup van and the petitioners are said to be
the riders of the said vehicles.
4. Learned counsel for the petitioners submits that the
Petitioner No. 1 is the driver and the Petitioner No. 2 is the co-
driver of the said vehicle. He further submits that the petitioners
are in custody since 19.04.2026.
Patna High Court CR. MISC. No.34867 of 2026(2) dt.20-05-2026
2/2
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioners.
6. Considering that the alleged recovery was not made
from the conscious possession of the petitioners and the
petitioners are in custody since 19.04.2026, this Court is
inclined to grant bail to the petitioners.
7. Let the petitioners, above named, be released on
bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Exclusive Special Excise Court No. 1, Siwan in
connection with Siwan Mufassil P.S. Case No. 221 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)
Vikash/-
U T
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