Patna High Court
Tilak RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
Tilak Raj, a driver from Himachal Pradesh, was arrested after police seized 2,311.38 litres of illicit liquor from three vehicles and alleged possession of arms, charging him under the Bihar Prohibition and Excise Act and the Arms Act. The petitioner contended he was merely driving the truck, had no knowledge of the contraband, and no incriminating article was found on his person, emphasizing his clean antecedents and custody since June 2025. He offered to deposit a modest sum with the Lawyers’ Association Welfare Benevolent Fund and to furnish a bail bond of Rs 10,000 with two sureties. The State opposed bail, citing the seriousness of the offences. The Court, after considering the facts, granted bail subject to conditions including a relative surety, personal appearance at each trial date, and provisions for cancellation upon breach or repeat offence. The order clarified that any observations made would not affect the trial proceedings.
Issues considered
- Whether bail should be granted to the accused in a case involving large‑scale illicit liquor seizure and arms offences.
- Whether the absence of contraband on the accused’s person and his claim of ignorance justify release on bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- prohibition law
- excise
- arms act
- criminal procedure
- seizure of illicit liquor
- driver liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75864 of 2025
Arising Out of PS. Case No.-101 Year-2025 Thana- BALIGAON District- Vaishali
======================================================
Tilak Raj Son of Sitaram R/O- B.P.O. Jalmul, P.S.- Unna, District- Unna
(Himachal Pradesh)
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anuj Kumar, Adv.
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Baligaon P.S. Case No. 101 of 2025 registered
for the offence(s) punishable under Section(s) 30(a), 32(ii), 41(i)
and 36 of the Bihar Prohibition and Excise Act and Sections
25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, the police received a
secret information and intercepted the three vehicles and total
2311.380 litres of illicit Indian made foreign liquor was
recovered from the same. It is further alleged that the three
persons were apprehended from the place of occurrence.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.75864 of 2025(2) dt.08-01-2026
2/4
case. It has next been submitted that the petitioner is said to be
the driver of the truck. Learned counsel has further submitted
that the petitioner happens to be the driver of the truck from
which the liquor was seized. It has further been submitted that
no incriminating article has been recovered from the conscious
possession of the petitioner rather the same was recovered from
the vehicle and he was just obeying the order of his master and
he was not aware of the consignment kept on the truck. It has
lastly been submitted that the petitioner has clean antecedent
and he is in custody since 19.06.2025.
5. The petitioner is willing and undertakes to deposit a
sum of Rs. 2500/- in the account of Lawyers’ Association
Welfare Benevolent Fund, bearing Account No. 7801893276,
IFSC Code : IDIB000L501, Indian Bank, LNMI Branch, Bailey
Road, Patna.
6. The learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
7. Regard being had to the facts and circumstances of
the case and taking note of the fact that the period of judicial
custody of the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.75864 of 2025(2) dt.08-01-2026
3/4
satisfaction of the learned court below where the case is
pending/successor court in connection Baligaon P.S. Case No.
101 of 2025, subject to the following terms and conditions :-
(i) One of the bailors shall be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) If the petitioner, in future, is found to be involved
in similar nature of offence(s), the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The trial court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that the petitioner has concealed his criminal
antecedents, the trial court shall take necessary steps for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bond in terms of the above mentioned order
shall not be delayed for purpose of or in the name of
verification.
Patna High Court CR. MISC. No.75864 of 2025(2) dt.08-01-2026
4/4
8. The bail bond of the petitioner shall be accepted by
the learned Trial Court on showing receipt of deposit of
aforesaid amount with the Lawyers’ Association Welfare
Benevolent Fund.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Gautam/-
U T
Checking your session…