Patna High Court

Raja KumarversusThe State of Bihar

Decided: 26 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted anticipatory bail to the petitioner, subject to surrender and bail bond conditions.

Summary

Petitioner Raja Kumar applied for anticipatory bail fearing arrest in S.T. Excise Case No. 556 of 2025, which alleges an offence under Section 30(a) of the Bihar Prohibition and Excise Act for possession of 378 litres of Nepali liquor recovered from a Scorpio. The petitioner contended that he was neither the owner nor the driver of the vehicle, had no conscious possession of the liquor, and was falsely implicated, citing a prior similar case as the motive for framing. The State opposed the bail, arguing the seriousness of the offence. After hearing both sides, the High Court, invoking its inherent powers under Section 482(2) of the Bihar Negotiable (B.N.S.S.) and the provisions of the Bihar Prohibition and Excise Act, ordered that the petitioner be released on bail upon surrendering within four weeks and furnishing a bail bond of Rs. 10,000 with two sureties. The order also imposed conditions as prescribed by the Special Excise Judge, Supaul.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the provisions of the Bihar Prohibition and Excise Act and the inherent powers of the High Court.
Whether the petitioner’s alleged lack of ownership, driver status, and conscious possession justifies bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
excise law
illegal liquor
Bihar Prohibition and Excise Act
Section 30(a)
Section 482(2)
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9836 of 2026
                       Arising Out of PS. Case No.-62 Year-2025 Thana- BHIMPUR District- Supaul
                 ======================================================
                 Raja Kumar Son of Ramvilas Das @ Rambilash Dash @ Santosh Chaudhary
                 R/O Village-Pipra, Ward No.-05, P.S.-Pipra, District-Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Md Shadab Alam Wazdi, Advocate
                 For the Opposite Party/s :       Ms. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   26-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has been

                   filed by the petitioner apprehending his arrest in connection with

                   S.T. Excise Case No. 556 of 2025, arising out of Bhimpur P.S.

                   Case No. 62 of 2025 instituted for the offence under Section 30(a)

                   of the Bihar Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that 378 liters

                   of Nepali country made liquor was recovered from a Scorpio.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned

                   counsel for the petitioner has submitted that the petitioner was not

                   apprehended on the spot and nothing has been recovered from the
            Patna High Court CR. MISC. No.9836 of 2026(2) dt.26-02-2026
                                                        2/2




                      conscious possession of the petitioner. Learned counsel for the

                      petitioner has further submitted that the petitioner is neither owner

                      nor driver of the said vehicle. The petitioner has been framed in

                      this case as he is having criminal antecedent of one case of similar

                      nature.

                                   5. Learned APP for the State has opposed the prayer of

                      bail of the petitioner.

                                   6. Having heard learned counsel for the parties and in

                      the facts and circumstances of the case as stated above, this Court

                      is inclined to enlarge the petitioner on bail. The petitioner is

                      directed to surrender in the Court below within a period of four

                      weeks from today and in the event of his arrest or surrender in

                      connection with S.T. Excise Case No. 556 of 2025, arising out of

                      Bhimpur P.S. Case No. 62 of 2025, he will be enlarged on bail on

                      furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with

                      two sureties of the like amount each to the satisfaction of learned

                      Exclusive Special Excise Judge- Court-I, Supaul, subject to the

                      conditions as laid down under section 482(2) of B.N.S.S.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T

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