Patna High Court
Raju AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, Raju Ali, was arrested in Gopalpur for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 224.6 litres of liquor were recovered from a vehicle in which he was a passenger. He contended that he neither owned nor drove the vehicle and had no knowledge of the liquor, asserting innocence and lack of incriminating material in his possession. The State opposed bail, while the petitioner’s counsel highlighted the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the petitioner’s custody since 2 November 2025. The Court, considering the facts, the petitioner’s limited custody period, and the lack of direct evidence, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and the requirement to appear at every trial date, with cancellation possible after two consecutive defaults.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, bars the grant of bail.
- Whether the petitioner’s lack of ownership or knowledge of the vehicle containing liquor is a sufficient ground to deny bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- Bihar
- criminal procedure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91503 of 2025
Arising Out of PS. Case No.-284 Year-2025 Thana- GOPALPUR District- Gopalganj
======================================================
Raju Ali S/O Islam Dewan @ Isalam Deewan R/o Lachhpur, P.S.- Gopalpur,
District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Gopalpur P.S. Case No. 284 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 224.6
liters liquor was recovered from car and motorcycle and the
petitioner was arrested on spot.
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
Patna High Court CR. MISC. No.91503 of 2025(2) dt.19-01-2026
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no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submits that the petitioner is neither
owner nor driver of the car in question rather he took lift in that
car and has got no knowledge with regard to the nature of goods
loaded in the vehicle. The petitioner is in custody since
02.11.2025 and has got one criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
5. Learned APP 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Gopalpur P.S. Case
No. 284 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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