Patna High Court
Raj Kumar MehtaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, finding that the absence of material evidence and reliance on mere suspicion did not warrant continued detention.
Summary
Petitioner Raj Kumar Mehta was arrested on 9 May 2026 in connection with the seizure of 165 litres of foreign liquor behind his house, alleged under Section 30(a) of the Bihar Prohibition & Excise Act. The petitioner contended that no liquor was recovered from his conscious possession and that he was falsely implicated based solely on suspicion. The State opposed bail, noting a similar pending case but acknowledged the petitioner was already on bail in that matter. The court examined the lack of material evidence linking the petitioner directly to the seized liquor and considered the principle that bail should not be denied on mere suspicion. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the alleged offence involves seizure of liquor not found in the accused's conscious possession.
- Whether the presence of a pending similar case justifies denial of bail.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- excise
- foreign liquor
- suspicion
- Bihar Prohibition & Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38102 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- Excise Raniganj District- Araria
======================================================
Raj Kumar Mehta S/o- Singheshwar Mehta R/v- Pekpar W.No-10, Ps-
Bhargama Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-06-2026 Heard Mr. Gopal Kumar Jha, learned counsel for the
petitioner and Ms. Sucheta Yadav, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
09.05.2026, in connection with Raniganj Excise P.S. Case No.
26 of 2026, F.I.R. dated 09.05.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition &
Excise Act.
3. Recovery is of 165.00 litres of foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession or the house of the petitioner rather
recovery has been made behind the house of the petitioner and
Patna High Court CR. MISC. No.38102 of 2026(2) dt.17-06-2026
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altogether 165.00 litres of foreign liquor was recovered. He
further submits that the petitioner has been made accused in the
present case merely on the ground of suspicion and except the
suspicion, no other cogent material has come during
investigation to suggest the involvement of the petitioner in the
present occurrence and the petitioner is in custody since
09.05.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries one more case
of similar nature other than the present one but fairly submits on
the basis of paragraph-3 of the bail petition that the petitioner is
on bail in the pending matter.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Excise-II,
Araria in connection with Raniganj Excise P.S. Case No. 26 of
2026, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.38102 of 2026(2) dt.17-06-2026
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U
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