Patna High Court
Raju Kumar RajakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, holding that the recovery of illicit liquor was not made from his conscious physical possession and he was not named in the FIR.
Summary
The petitioner, Raju Kumar Rajak, was not named in the FIR relating to an alleged illegal liquor trade under Section 30(a) of the Excise Act, where 20 litres of illicit liquor were recovered. The prosecution alleged that the liquor was recovered from a motorcycle owned by the petitioner, but the defense argued that the petitioner had no knowledge of the contraband and it was not found in his physical possession. The learned APP opposed bail, while the petitioner’s counsel sought release. The court observed that the recovery was not made from the petitioner’s conscious possession and, therefore, prima facie there was no direct link to him. Consequently, the court directed that the petitioner be released on bail upon surrender within four weeks, subject to a bond of Rs. 10,000 with two sureties, under the conditions of Section 482(2) of the BNSS.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR and the contraband was not recovered from his physical possession
- Whether the provisions of Section 482(2) of the BNSS permit the court to release the petitioner on bail in the present circumstances
Legislation cited
- Bihar Negotiable Sale and Settlement Act — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- FIR
- physical possession
- Section 30(a)
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45954 of 2026
Arising Out of PS. Case No.-164 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
Raju Kumar Rajak S/o Nagendra Rajak R/o Village - Tenduadih, PS -
Nariharganj, District - Palamu (Jharkhand), At present R/o Village - Tumba,
P.S - Rohtas, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Babu Nandan Prasad
For the Opposite Party/s : Mr.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 Heard the parties
2.The petitioner is not named in the F.I.R. and
apprehending his arrest in connection with Sasaram Excise P.S.
Case No. 164 of 2026 registered for the offences punishable
under Section 30(a) of Excise Act.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 20 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is owner of the alleged
motorcycle bearing registration no. JH 03X 1883 from where
illicit liquor was recovered and moreover, nothing surfaced
during course of investigation which may suggest that
petitioner was under knowledge to have consignment of illicit
Patna High Court CR. MISC. No.45954 of 2026(2) dt.10-07-2026
2/2
liquor, and admittedly recovery of illicit liquor was not made
from conscious physical possession of the petitioner.
5 Learned APP, opposed the prayer of bail.
6. In view of aforesaid factual and legal submission
and by taking note of fact as recovery of illicit liquor prima-
facie not appears to be made from the physical possession of
the petitioner, accordingly petitioner above-named, in the
event of his arrest or surrender before the court below within a
period of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Spl. Judge court no. 1, Rohtas at
Sasaram /concerned Court, where the case is pending in
connection with Sasaram Excise P.S. Case No. 164 of 2026,
subject to the conditions as laid down under Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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