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Patna High Court

Raju Kumar RajakversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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