Patna High Court
Rajnath Kumar @ Rajnath RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
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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
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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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