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Patna High Court

Md. RajaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Md. Raja, was arrested in connection with an excise case alleging possession of 12.5 litres of liquor recovered from a jute sack, under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating no incriminating material was found in his possession and that the recovery occurred in an open area accessible to all. The petitioner had been in custody since 3 December 2025 and possessed two prior criminal antecedents, and the prosecution noted non‑compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the lack of direct evidence, the open‑place recovery, and the period of custody. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents and non‑compliance with Section 103 of the BNSS, 2023.

Legislation cited

Subjects

  • bail
  • excise
  • liquor seizure
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • criminal antecedents
  • Section 103 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90774 of 2025
                     Arising Out of PS. Case No.-631 Year-2025 Thana- Excise P.S. District- Sheikhpura
                 ======================================================
                 Md. Raja Son of Md. Aslam Resident of Village - Badi Sangatpar Pulpar,
                 Police Station - Sheikhpura and District Sheikhpura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :         Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Excise

                   PS Case No. 631 of 2025 instituted for the offences under

                   Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 12.500 liters

                   liquor was recovered from jute sack.

                           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. The petitioner has got

                   no concern with the alleged recovery of liquor. It is submitted

                   that recovery is from an open place, which is accessible to one
           Patna High Court CR. MISC. No.90774 of 2025(2) dt.12-01-2026
                                                       2/2




                     and all. The petitioner is in custody since 03.12.2025 and has

                     got two criminal antecedent/s. There is no compliance of

                     Section 103 of the BNSS, 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 Excise PS Case No.

                     631 of 2025.


                                                               (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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