Patna High Court
RAJA KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that, given the nature of the allegation and the petitioner’s clean antecedent, anticipatory bail was warranted.
Summary
The petitioner, Raja Kumar, sought anticipatory bail fearing arrest in a case (PS No.194 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 15 litres of country‑made liquor recovered from his cow‑shed. He contended that he was falsely implicated and had a clean antecedent. The State opposed the bail. The High Court, considering the nature of the allegation and the petitioner’s clean record, allowed the anticipatory bail application, directing a bail bond of Rs 10,000 with two sureties, a deposit of Rs 25,000 to a charitable institution, verification of his antecedent, and regular attendance at the police station. The order is subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS, with non‑compliance leading to cancellation of bail. The bail was granted subject to these conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS in the context of the alleged offence under the Bihar Prohibition and Excise Act.
- Whether the petitioner’s claim of false implication and clean antecedent warrants the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- clean antecedent
- false implication
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38687 of 2026
Arising Out of PS. Case No.-194 Year-2026 Thana- NAGAR District- Vaishali
======================================================
RAJA KUMAR Son of Late Subodh Chaudhary R/o Rambhadra Noonfar,
P.S.- Hajipur Town, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar, Advocate
For the Opposite Party/s : Ms.Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Hajipur Town P.S. Case No. 194 of 2026
registered for the offence under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, the recovery is of
total 15 litres of country-made liquor from a cow-shed of the
petitioner.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is not involved in the crime and
he has falsely been implicated in this case. Petitioner has clean
antecedent.
5. Learned A.P.P. for the State opposes the prayer
Patna High Court CR. MISC. No.38687 of 2026(2) dt.17-06-2026
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for anticipatory bail of the petitioner.
6. Considering the nature of allegation levelled
against the petitioner and the fact that the petitioner has clean
antecedent, this application is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise Court No. 1 -cum- District & Additional
Sessions Judge, Vaishali at Hajipur/ concerned Court below in
connection with Hajipur Town P.S. Case No. 194 of 2026,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramkrishna Mission Ashrama, Nala Road, Patna and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
9. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
Patna High Court CR. MISC. No.38687 of 2026(2) dt.17-06-2026
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petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
10. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Hajipur Town Police Station, District- Vaishali on first and third
Sunday of every month. Any default in appearance at the Police
Station will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
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