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Patna High Court

Rajnath Kumar @ Rajnath RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to specified conditions.

Summary

The petitioner, a tractor driver, was arrested for allegedly transporting 4,625 kg of rotten jaggery intended for illicit country‑made liquor and for the seizure of 12 litres of mahua liquor, offences punishable under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act. He contended that he was merely following his employer’s orders and had no involvement in the illegal liquor operation, and he highlighted his clean antecedent and short period of custody since 18‑Nov‑2025. The State opposed bail, but the petitioner offered a bail bond of Rs 10,000 with two sureties. The Court, after considering the facts, the petitioner’s role as a driver, his clean record, and the duration of his custody, granted bail subject to conditions regarding sureties, personal appearance, and possible cancellation for future similar offences. The order directed that the bail bond be accepted by the trial court upon receipt of the deposit with the Advocate Association, Patna High Court.

Issues considered

  • Whether a person charged under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, who claims to be merely a driver, is entitled to bail.
  • Whether the petitioner’s clean antecedent and the length of custody justify the grant of bail despite the nature of the offence.

Subjects

  • bail
  • prohibition law
  • excise
  • driver
  • illicit liquor
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89751 of 2025
                        Arising Out of PS. Case No.-315 Year-2025 Thana- NADI P.S. District- Patna
                 ======================================================
                 Rajnath Kumar @ Rajnath Ray S/o- Hari Vishnu Ray @ Hare Vishnu Ray
                 R/v- Didarganj Dharmshala Ps- Didarganj Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Abhishek Rai, Advocate
                 For the Opposite Party/s :        Mrs. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   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 Nadi P.S. Case No. 315 of 2025 registered

                   for the offence(s) punishable under Section(s) 30(a) and

                   30(d) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, the petitioner, who

                   was driving a tractor was apprehended and allegedly

                   disclosed that he was transporting approximately 4,625 kg

                   of rotten jaggery intended to be used for the preparation of

                   country-made liquor and that the owner of the said

                   consignment was the co-accused, Pappu Kumar Ray.

                                4. The learned counsel for the petitioner submits
Patna High Court CR. MISC. No.89751 of 2025(2) dt.07-01-2026
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          that the petitioner was merely the driver of the tractor and

          has no concern whatsoever with the alleged recovery. It is

          further submitted that the petitioner was obeying the order

          of his master and the subsequent seizure of 12 liters of

          country made mahua liquor was seized after registration of

          the instant case on 17.11.2025 with which the petitioner has

          no concern. The learned counsel lastly submits that the

          petitioner has clean antecedent and he is in custody since

          18.11.2025.

                       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 18.11.2025, 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
Patna High Court CR. MISC. No.89751 of 2025(2) dt.07-01-2026
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          Nadi P.S. Case No. 315 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 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.

                       8. The bail bond of the petitioner shall be accepted
           Patna High Court CR. MISC. No.89751 of 2025(2) dt.07-01-2026
                                                       4/4




                     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


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