Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that the petitioner’s lack of incriminating material in his possession and the extended pre‑trial custody justified the grant of regular bail.
Summary
Petitioner Raja Kumar was arrested in connection with a case involving the recovery of 7.5 litres of illicit liquor under Section 30(a) of the Bihar Excise & Prohibition Act. The prosecution alleged the offence but no incriminating material was found on the petitioner, who was detained on suspicion since 8 October 2025 and had charges framed on 6 December 2025. The petitioner applied for regular bail, arguing lack of personal involvement and prolonged custody. The State opposed the bail. The court, considering the nature of the accusation and the length of pre‑trial detention, allowed the bail application, directing release on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Excise & Prohibition Act given the nature of the accusation and the period of custody?
Subjects
- regular bail
- excise law
- illicit liquor
- Bihar Excise & Prohibition Act
- Section 30(a)
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.918 of 2026
Arising Out of PS. Case No.-51 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Raja Kumar S/O Parsuram Singh R/O Village- Paspura, P.S- Muffasil, Distt.-
Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Md. Mushtaque Alam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Muffasil P. S. Case No. 51 of 2025 registered for the offence
punishable under Section 30(a) Bihar Excise & Prohibition Act.
3. As per prosecution case, 7.5 liters illicit liquor was
recovered from the spot.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner and he is no way connected with the
aforesaid recovery. Petitioner has been made accused in this
case only on suspicion. Petitioner is in custody since 08.10.2025
and charge has been framed on 06.12.2025.
Patna High Court CR. MISC. No.918 of 2026(3) dt.24-04-2026
2/2
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation and period of
custody, this bail application is allowed. The petitioner, above
named, is directed to 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 Exclusive Special
Judge Excise Judge-1, Begusarai in connection with Muffasil P.
S. Case No. 51 of 2025.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…