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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                                               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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