Patna High Court

Raj Kumar @ Raju KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to the petitioners subject to the stipulated conditions.

Summary

The petitioners, Raj Kumar, Biglu Uranw and Ramek Ray, were arrested in connection with a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act after 930 litres of foreign liquor were recovered from a pickup vehicle. They contended that they had no ownership or possession of the vehicle, that no incriminating material linked them to the liquor, and that they had no prior criminal record. The State opposed bail, while the petitioners argued that Section 103 of the BNSS, 2023 had not been complied with. The Court examined the lack of direct evidence against the petitioners, the duration of their custody since 10‑01‑2026, and the statutory non‑compliance, and found sufficient ground to grant bail. Accordingly, the Court ordered release on bail of Rs.15,000 each with two sureties, subject to conditions of family surety and regular appearance in court.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the BNSS, 2023 warrants bail.
Whether the absence of incriminating material and prior criminal record justifies bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition
excise
foreign liquor
Section 30
Section 32
criminal procedure
Bihar Prohibition and Excise Act
BNSS 2023
custody
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.7259 of 2026
                      Arising Out of PS. Case No.-27 Year-2026 Thana- Excise P.S. District- Kishanganj
                 ======================================================
           1.     Raj Kumar @ Raju Kumar S/o Late Ramdev Mahto R/o Village - Mali Tola
                  Dih, P.S - Nagar (Town Thana), District - Begusarai
           2.    Biglu Uranw @ Biglu Uraon S/o Late Chamayu Uraon R/o Village -
                 Sadbhaiya, P.S - Naxalbari, District - Darjeeling, State - West Bengal
           3.    Ramek Ray S/o Late Wakil Rai R/o Village - Sadbhaiya, P.S - Naxalbari,
                 District - Darjeeling, State - West Bengal

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Avinash Kumar, Advocate
                                                    Mr. Ambrish Kumar, Advocate
                 For the Opposite Party/s :         Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026              Heard learned counsel for the petitioners and learned APP

                   for the State.

                            2.      The petitioners seek bail in connection with Madya

                   Nisedh PS Case No. 27 of 2026 instituted for the offences

                   under Sections 30(a) & 32(3) of the Bihar Prohibition and

                   Excise Act.

                            3.      The prosecution case, in short, is that 930 liters

                   foreign liquor was recovered from pickup vehicle.

                            4.      Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.7259 of 2026(2) dt.10-02-2026
                                            2/3




          the conscious possession of the petitioners. The petitioners have

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

          submitted that petitioners are not the onwner of the vehicle and

          they have no concern with the same. It is submitted that police

          have implicated them on extraneous consideration. The

          petitioners are in custody since 10.01.2026 and have got no

          criminal antecedent/s. There is no compliance of Section 103 of

          the BNSS, 2023.

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

          opposed the prayer for grant of bail to the petitioners.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

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

                   7.     Let the petitioners be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) each with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Madya Nisedh PS

          Case No. 27 of 2026, 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.7259 of 2026(2) dt.10-02-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

Continue reading with your account

Checking your session…