Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, directing release on bond subject to conditions.
Summary
The petitioner, Raja Kumar, was arrested for allegedly transporting 240 litres of illicit Mahua liquor in a vehicle belonging to his father, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He claimed innocence, stating that no incriminating material was recovered from him and that he had a clean antecedent. The State opposed bail, but the court noted the lack of evidence, the petitioner’s clean record, and the circumstances of his custody since 10 May 2026. Considering these factors and the non‑compliance with mandatory provisions of Sections 103 and 105 of the BNSS, the court ordered his release on bail. Bail was granted on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS and other procedural requirements.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 in view of the facts and lack of incriminating evidence.
- Whether the mandatory provisions of Sections 103 and 105 of the BNSS have been complied with, affecting the grant of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 103, 105, 480(3)
Subjects
- bail
- prohibition
- excise
- Mahua liquor
- Section 30(a)
- Section 480(3)
- clean antecedent
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42914 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- PIPRA District- Patna
======================================================
Raja Kumar S/O Sitaram Paswan R/O Daudbigha, Bhootnath Road, P.S-
Agamkuan, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Rai, Adv.
For the Opposite Party/s : Mrs.Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP. for the State.
2. In the present case, the petitioner seeks bail in
connection with Pipra P.S. Case No. 45 of 2026, registered for
the offences under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. As per the prosecution case, petitioner was
apprehended transporting 240 litres of country made Mahua
liquor in his auto.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and has been
falsely implicated in this case. Learned counsel further submits
that nothing incriminating has been recovered from person or
possession of the petitioner. There is complete non-compliance
Patna High Court CR. MISC. No.42914 of 2026(2) dt.01-07-2026
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of mandatory provisions of Section 103 and 105 of the BNSS.
The seized auto belongs to the father of the petitioner and
petitioner is driver of the vehicle and one of the passengers left
behind the illicit liquor and petitioner has been arrested in the
present case. The petitioner is in custody since 10.05.2026 and
he has clean antecedent.
5. Learned A.P.P. appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
nature of recovery, clean antecedent of the petitioner and his
period of custody, the petitioner is directed to be released on
bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) each with two sureties of the like amount each
to the satisfaction of learned Exclusive Special Excise Judge-II,
Patna/concerned court, in connection with Pipra P.S. Case No.
45 of 2026, subject to the condition laid down under Section
480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
Patna High Court CR. MISC. No.42914 of 2026(2) dt.01-07-2026
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below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
anuradha/-
U T
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