Patna High Court
Raju Rai @ Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner, subject to conditions and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Raju Rai, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 40 litres of illicit country‑made liquor were recovered from a river. The prosecution’s case relied solely on the confessional statement of a co‑accused who was apprehended at the spot, with no incriminating material found in the petitioner’s possession. The petitioner argued that he had no direct involvement and that the accusation was based only on the co‑accused’s confession, despite having two prior criminal antecedents, one of a similar nature for which he was on bail. The State opposed the grant of anticipatory bail. The High Court, considering the nature of the accusation and the circumstances of recovery, allowed anticipatory bail, directing the petitioner to surrender within eight weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether a confessional statement of a co‑accused is sufficient to make the petitioner an accused.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- confessional statement
- bail conditions
- Section 482 inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43708 of 2026
Arising Out of PS. Case No.-123 Year-2026 Thana- RAGHOPUR District- Vaishali
======================================================
Raju Rai @ Raju Kumar S/O Mahtab Rai R/O Vill.- Sukumarpur Raghopur,
Jafrabad Tok Arazi Beshinao Barar, P.S.- Rustampur O.P., District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravish Mishra, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-07-2026
Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, total 40 liters country
made illicit of liquor was recovered from the bank of river.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
merely on the basis of confessional statement of co-accused
who was apprehended on the spot. Petitioner has got two
criminal antecedents one of them is of similar in nature in which
he is on bail.
5. Learned A.P.P. for the State opposed the bail
Patna High Court CR. MISC. No.43708 of 2026(2) dt.08-07-2026
2/2
application.
6. Considering nature of accusation, place of
recovery this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged 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 Exclusive Special
Court of Excise (Second)-cum-District and Additional Sessions
Judge, Vaishali at Hajipur in connection with Raghopur P. S.
Case No. 123 of 2026, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Sanjay/Alok-
U T
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