Patna High Court
Raju Kumar @ Raju Rai @ Rajiv RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that bail should be granted to the petitioners subject to conditions, exercising its inherent powers under Section 482(2) of the CrPC.
Summary
The petitioners, Raju Kumar and Dilip Kumar, sought bail fearing arrest in a case (Bakhtiyarpur P.S. Case No. 530 of 2025) involving alleged violations of Section 30(a) of the Bihar Prohibition and Excise Act and Section 27 of the Arms Act, based on liquor recovered from co‑accused Ranjeet Kumar. They contended that no cartridge was found, that the co‑accused’s statements were the sole basis of their implication, and that they have clean antecedents. The State opposed bail, arguing the seriousness of the offences. The High Court, noting the recovery was linked to the co‑accused and the petitioners’ lack of criminal record, exercised its inherent powers under Section 482(2) of the CrPC to grant bail, subject to a Rs.10,000 bond, two sureties, and strict conditions to prevent witness tampering or non‑appearance. The order directed the petitioners to surrender within six weeks and comply with the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioners pending trial for offences under the Bihar Prohibition and Excise Act and the Arms Act.
- Whether the petitioners pose a risk of tampering with evidence or influencing witnesses.
- Whether the allegations against the petitioners are prima facie false and warrant pre‑trial detention.
Legislation cited
- Arms Act — s. 27
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 482(2)
Subjects
- bail
- prohibition act
- arms act
- false implication
- co‑accused
- inherent powers
- Section 482
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 35285 of 2026
Arising Out of PS. Case No.-530 Year-2025 Thana- BAKHTIYARPUR District- Patna
======================================================
1. Raju Kumar @ Raju Rai @ Rajiv Rai S/O Hari Narayan Yadav @ Hari
Narayan Ray R/O Village- Naya Tola, Dedaur, P.S.- Bakhtiyarpur, Distt.-
Patna.
2. Dilip Kumar @ Dilip Rai S/O Hari Narayan Yadav @ Hari Narayan Ray
R/O Village- Naya Tola, Dedaur, P.S.- Bakhtiyarpur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok, Adv.
For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-05-2026 Heard learned counsel for the petitioners and learned APP
for the State through virtual mode.
2. The petitioners are apprehending their arrest in
connection with Bakhtiyarpur P.S. Case No. 530 of 2025 dated
01.10.2025 registered for the offence punishable under Sections
30(a) of the Bihar Prohibition and Excise Act and Section 27 of
the Arms Act.
3. As per prosecution case, a total of 16.83 liter of illicit
foreign made liquor has been recovered from the thrown pithhu
bag and the bag (jhola) kept by the co-accused Ranjeet Kumar.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in the
Patna High Court CR. MISC. No. 35285 of 2026(2) dt.25-05-2026
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present case. It is next submitted that the petitioners have been
implicated in this case on the basis of the disclosures made by
the apprehended co-accused Ranjeet Kumar. The case of the
petitioners is that no used or unused cartridge was recovered
from the place of occurrence and that the allegations are false
and frivolous, as the petitioners are in no way connected with
the seized articles, which are said to have been recovered from
apprehended co-accused Ranjeet Kumar. It is lastly submitted
that the petitioners are persons of clean antecedent.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioners.
6. Having heard learned counsel for the parties and
considering the fact that the alleged recovery has been made
from the apprehended co-accused Ranjeet Kumar and the
petitioners bear no criminal antecedent, let the above named
petitioners, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of six
weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Exclusive Special
Judge Excise, Barh (Patna) in connection with Bakhtiyarpur P.S.
Case No. 530 of 2025, subject to the conditions as laid down
Patna High Court CR. MISC. No. 35285 of 2026(2) dt.25-05-2026
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under Section 482(2) of the B.N.S.S. as well as the following
conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bonds by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds.
(Ajit Kumar, J)
rishi/-
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