Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to the conditions specified.
Summary
The petitioner, Niraj Kumar, was arrested on 28 Oct 2025 after police seized 1,128 litres of foreign liquor from a vehicle and alleged his involvement under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no liquor was found in his possession, and cited his ten prior criminal cases. He applied for bail, offering a deposit of Rs 10,000 with two sureties and undertaking to appear in court. The State opposed the bail. The High Court, considering the length of custody, the nature of the offence, and the petitioner’s antecedents, granted bail subject to several conditions, including personal sureties, regular court attendance, police monitoring, and possible cancellation for future offences. The order also directed verification of his criminal antecedents but stipulated that bail should not be delayed for that purpose.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the petitioner’s prior criminal antecedents justify denial of bail
- Whether the absence of the seized liquor from the petitioner’s possession affects the bail decision
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- foreign liquor
- criminal antecedents
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89629 of 2025
Arising Out of PS. Case No.-159 Year-2025 Thana- GAUNAHA District- West Champaran
======================================================
Niraj Kumar S/O Shambhu Sah R/O Vill.- Narkatiyaganj Purani Bazar, Ward
No. 1, P.s.- Shikarpur, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 07-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Gaunaha P.S. Case No. 159 of 2025 registered
for the offence(s) punishable under Section(s) 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, during patrolling, the
police intercepted a Bolero vehicle from which a total of 1,128
litres of foreign liquor was recovered and the petitioner was
apprehended at the spot.
4. The learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the present case
merely on account of his alleged long list of criminal
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antecedents of similar nature. It is contended that the petitioner
has been named merely on suspicion and that no incriminating
article or illicit liquor has been recovered from his conscious
possession. The learned counsel lastly submits that the
petitioner carries ten criminal antecedents and he is in custody
since 28.10.2025.
5. The petitioner is willing and undertakes to deposit a
sum of Rs. 10,000/- (Rupees Ten Thousand only) with the
Advocate Association, Patna High Court.
6. The learned A.P.P. has vehemently opposed the
prayer for bail.
7. Regard being had to the facts and circumstances of
the case and taking note of the fact that the petitioner has
remained in custody since 28.10.2025, 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 satisfaction of the learned court below where the
case is pending/successor court in connection Gaunaha P.S.
Case No. 159 of 2025, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be the local resident.
(ii) The petitioner shall remain physically present in
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Court on each date of the trial.
(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 is found involved in similar
nature of offence in future, the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
(vi) In view of the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of
Police, West Champaran within fifteen days of his release with
a copy of this order and every two weeks thereafter for the next
nine months. The conduct of the petitioner will be kept under
watch in this period by the Superintendent of Police concerned
and if it is found wanting in any respect, a report shall be made
to the court concerned by him to initiate a proceeding for
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cancellation of bail for reasons of misuse of bail. After reporting
to the Superintendent of Police, a certificate will be filed by the
petitioner before the court concerned.
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 Advocate Association, Patna High
Court.
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)
aditya/-
U T
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