Patna High Court
Rajan @ Rajan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to conditions.
Summary
The Patna High Court considered a bail application filed by Rajan Kumar, who had been in custody since 12 May 2026 in connection with a case involving the seizure of 1,341 litres of Nepali Gaurav country‑made liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he has a clean criminal record, that the FIR is false and fabricated, and that the liquor was recovered from a motorcycle, not from his possession, with his name only mentioned by a co‑accused during investigation. The State opposed the bail, citing the seriousness of the offence. After weighing the petitioner’s clean antecedent and the lack of direct evidence linking him to the contraband, the Court ordered his release on bail of Rs 10,000 with two sureties, subject to conditions of cooperation, physical presence, and non‑tampering with evidence. The bail bond is to be filed with the Special Judge, Exclusive Excise Court No.1, Sitamarhi, and the Court may cancel bail if the petitioner conceals any criminal antecedent or violates the conditions.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the allegations in the FIR constitute sufficient ground to deny bail.
- Whether the petitioner’s clean antecedent and lack of direct evidence warrant the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- liquor seizure
- clean antecedent
- co‑accused disclosure
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42808 of 2026
Arising Out of PS. Case No.-357 Year-2025 Thana- PARIHAR District- Sitamarhi
======================================================
Rajan @ Rajan Kumar Son of Raman Mukhiya Resident of Village- Mahuain,
P.S.- Bajpatti, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha, Advocate
For the Opposite Party/s : Ms.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-07-2026 Heard Mr.Ashok Kumar Jha, learned counsel for the
petitioner and Ms.Suman Kumari Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
12.05.2026 in connection with Parihar P.S. Case No. 357/2025,
F.I.R. dated 09.12.2025 registered for the offence punishable
under Section 30(a) of Bihar Prohibition and Excise Act.
3. Recovery is of 1341 liters of Nepali Gaurav country
made liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. It appears
from the FIR that nothing has been recovered from conscious
Patna High Court CR. MISC. No.42808 of 2026(2) dt.06-07-2026
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possession of the petitioner rather the recovery has been made
from the motorcycle in question and petitioner has no role at all
in the present occurrence. The name of the petitioner has been
transpired during investigation on the basis of the disclosure
made by the apprehended co-accused person and except the
aforesaid, nothing has come during investigation against the
petitioner to suggest the involvement of the petitioner in the
present occurrence and the petitioner is in custody since
12.05.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent and name of the petitioner has been transpired during
investigation on the basis of the disclosure made by the
apprehended co-accused person, let the petitioner, above named,
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 learned Special Judge, Exclusive Excise Court
No.1, Sitamarhi in connection with Parihar P.S. Case No.
357/2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.42808 of 2026(2) dt.06-07-2026
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and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) 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 antecedent, 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)
Nitesh/-
U T
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