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Patna High Court

Raaj Kapoor @ BauaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Raaj Kapoor, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 125 litres of liquor were recovered from a scooty. He contended that he was falsely implicated, had no incriminating material in his possession, and that the only link to him was a confessional statement of a co-accused, which he argued lacked evidentiary value. The petitioner also highlighted the absence of any criminal antecedent and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of direct evidence, the petitioner’s custody since 10‑10‑2026, and the statutory safeguards, the Court granted bail on a bond of Rs. 15,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether a confessional statement of a co‑accused can constitute sufficient basis for continued detention.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • Section 30
  • Section 103
  • confessional statement
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9746 of 2026
                           Arising Out of PS. Case No.-3 Year-2026 Thana- PIPRA District- Patna
                 ======================================================
                 Raaj Kapoor @ Baua S/o Late Bacchu Paswan Resident of Village-
                 Mahuabag, Sakraicha, PS- Parsa Bazar, Distt.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajni Kant Singh, Advocate
                 For the Opposite Party/s :        Mrs. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Pipra

                   P.S. Case No. 03 of 2026, instituted for the offences punishable

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

                                3. The prosecution case, in short, is that 125 liters

                   liquor was recovered from scooty.

                                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. Learned counsel

                   for the petitioner also submitted that the petitioner was not
             Patna High Court CR. MISC. No.9746 of 2026(2) dt.12-02-2026
                                                         2/2




                       arrested on spot. Name of the petitioner has transpired in this

                       case on the basis of confessional statement made by co-accused

                       person and the same has got no evidentiary value. The petitioner

                       is in custody since 10.10.2026 and has got no 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 Pipra P.S. Case No.

                       03 of 2026.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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