Patna High Court
Vijay RajakversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The bail petition was dismissed as no new facts warranted reconsideration.
Summary
Vijay Rajak was arrested in connection with offences under Section 61(2) of the Bihar Narcotic Substances Act, 2023, several provisions of the Bihar Prohibition and Excise Act, and multiple sections of the Arms Act. He had been in custody for about a year and the charges were formally framed on 8 August 2025. The petitioner filed a second bail application after an earlier bail plea was rejected on merit. The State opposed bail, highlighting his five prior criminal records, seizure of large quantities of illicit liquor, and possession of loaded pistols and cartridges. The court observed that the case was still at the evidence stage and no new material facts had emerged to justify a fresh consideration of bail. Consequently, the bail petition was dismissed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the pending evidence stage and prior bail rejection
- Whether the petitioner’s criminal antecedents and nature of the offences preclude the grant of bail
Legislation cited
- Arms Act — s. 25(1-AA), 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act, 2023 — s. 61(2)
Subjects
- bail
- criminal procedure
- habitual offender
- prohibition act
- arms act
- evidence stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87206 of 2025
Arising Out of PS. Case No.-9 Year-2025 Thana- NOWKOTHI GARHPURA District-
Begusarai
======================================================
Vijay Rajak S/o Fulchand Rajak Resident of Village- Jeetpur, P.S.- Naokothi,
Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prabhat, Advocate.
For the Opposite Party/s : Mr. Madan Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 13-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Naokothi P.S. Case No.9 of 2025, for the offences registered
under Section 61(2) of B.N.S., 2023, Sections 30(a), 32, 41 of
the Bihar Prohibition and Excise Act and Sections 25(1-AA),
25(1-B)(a), 26 & 35 of Arms Act.
3. This is the second bail petition filed on behalf of
the petitioner. Earlier, this Court had rejected the bail petition of
the petitioner on merit, vide order dated 03.09.2025 passed in
Cr. Misc. No.20750 of 2025.
4. Learned counsel for the petitioner submits that
petitioner has remained in custody for about one year and the
Patna High Court CR. MISC. No.87206 of 2025(3) dt.13-02-2026
2/2
charges have already been framed against the petitioner and
another co-accused person on 08.08.2025.
5. Learned counsel appearing on behalf of the State
opposes the prayer for grant of bail to the petitioner and submits
that earlier the bail petition of the petitioner was rejected on
merit. He further submits that petitioner is a habitual criminal
having 5 criminal antecedents, from whom large quantity of
illicit foreign liquor was seized and also two loaded pistol and
27 round illegal cartridges from his pocket were recovered.
6. As per the report submitted by learned Exclusive
Special Excise Judge-1, Begusarai, it appears that the case is
running for evidence.
7. Having heard the learned counsels for the parties
and considering the facts and circumstances of the case, no new
facts has come for consideration of the bail of the petitioner, at
this stage. Accordingly, the present bail petition of the petitioner
is dismissed.
(Sunil Dutta Mishra, J)
Ritik/-
U T
Checking your session…