Patna High Court

Raja KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to bond and surety conditions.

Summary

Raja Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 13.86 litres of liquor recovered from a plastic sac. The petitioner contended that the sac did not belong to him, no incriminating material was found in his possession, and that he was falsely implicated based on a chowkidar’s disclosure. The State opposed bail, emphasizing the petitioner’s twelve prior criminal convictions. The Court examined the facts, the nature of the offence, and the petitioner’s antecedents, and decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s regular appearance in court.

Issues considered

Whether bail should be granted to an accused with twelve prior criminal convictions in a case under the Bihar Prohibition and Excise Act
Whether the lack of incriminating material in the accused’s possession justifies bail

Legislation cited

B.N.S.S., 2023 — s. 103

Subjects

bail
criminal procedure
prohibition act
antecedents
surety
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.713 of 2026
                   Arising Out of PS. Case No.-102 Year-2025 Thana- BEGUSARAI MUFFASIL District-
                                                        Begusarai
                 ======================================================
                 Raja Kumar S/O Parsuram Singh R/O Village- Paspura, P.S- Muffasil, Distt.-
                 Begusarai.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shubhesh Pandey, Advocate
                 For the Opposite Party/s :      Mr.Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Muffasil P.S. case No.

                   102 of 2025 instituted for the offences under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 13.86 liters

                   liquor was recovered from plastic sac.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case.       No incriminating material has been recovered

                   from the conscious possession of the petitioner. The petitioner

                   has got no concern with the alleged recovery of liquor. It is

                   further submitted that the name of the petitioner has transpired
Patna High Court CR. MISC. No.713 of 2026(2) dt.19-01-2026
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          on the basis of disclosure made by local chowkidar. The sac in

          question does not belong to the petitioner.        The petitioner is in

          custody since 08.10.2025 and has got twelve criminal

          antecedents. There is no compliance of Section 103 of B.N.S.S.,

          2023.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. The

          petitioner has twelve criminal antecedents, hence, he does not

          deserve bail.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs.15,000/- (Fifteen thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Muffasil P.S. case No. 102 of 2025, subject

          to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.713 of 2026(2) dt.19-01-2026
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                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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