Patna High Court
Raju Kumar @ Raju Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, subject to a Rs.15,000 bond, two sureties (one a close family member), and strict compliance with appearance conditions.
Summary
Raju Kumar was arrested after 43.2 liters of liquor were recovered from his motorcycle, leading to charges under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, arguing that no incriminating material was found in his possession and that the police had framed him for ulterior motives. He had been in custody since 7 December 2025 and possessed three prior criminal antecedents, with the prosecution alleging non‑compliance of Section 103 of the B.N.S.S., 2023. The State opposed bail, but the court, considering the circumstances and length of custody, decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties, one of whom must be a close family member, and to appear at every trial date, with bail liable to cancellation upon default.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act despite prior criminal antecedents
- Whether the procedural requirement of Section 103 of B.N.S.S., 2023 has been complied with
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- prohibition act
- excise
- possession of liquor
- criminal procedure
- antecedents
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.867 of 2026
Arising Out of PS. Case No.-507 Year-2025 Thana- BIRAUL District- Darbhanga
======================================================
Raju Kumar @ Raju Kumar Mahto S/O Late Bindeshwar Mahto R/O Village-
Hatikoti Mahvir Nagar, P.S- Biraul, Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baidyanath Prasad, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, 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 Biraul P.S. case No.
507 of 2025 instituted for the offences under Section 30(a)
and 41 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 43.2 liters
liquor was recovered from motorcycle and the petitioner
was arrested on spot.
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.
Patna High Court CR. MISC. No.867 of 2026(2) dt.19-01-2026
2/3
The petitioner has got no concern with the alleged recovery
of liquor. It is further submitted that the petitioner is owner
of the motorcycle in question and he has been implicated by
the police for extraneous consideration and ulterior motive.
The petitioner is in custody since 07.12.2025 and has got
three 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.
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 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 Biraul
P.S. case No. 507 of 2025, subject to the following
conditions:
(I) One of the bailors shall be own/close member
of the family of the petitioner.
Patna High Court CR. MISC. No.867 of 2026(2) dt.19-01-2026
3/3
(II) The petitioner shall appear on each and every
date fixed at the trial. In case of default in such appearance
on two 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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