Raja Kumar v. The State of Bihar

Patna HC16 Mar 2026CR. MISC./16958/2026

Case brief

AI extract

What is this about?

Regular bail granted under section 30(a) Bihar Prohibition and Excise Act; Rupaspur Excise P.S. Case No. 45 of 2026, Patna; recovery of 100 liters country made liquor from scooty; contention of no conscious possession and falsely implicated; seizure list witnesses police personnel; Section 105 BNSS not followed in seizure; judicial custody since 21.01.2026; no criminal antecedent; bail bond Rs.10,000/- with two like sureties; Special Excise Judge, Danapur, Patna.

What did the court decide?

Regular bail granted: petitioner to be released in connection with Rupaspur Excise P.S. Case No. 45 of 2026 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur, Patna. ¶¶19

Raja Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶19

Issue for consideration

Whether the petitioner, in custody since 21.01.2026 in a case registered under section 30(a) of the Bihar Prohibition and Excise Act (alleged recovery of 100 liters of country made liquor from a scooty), should be enlarged on regular bail.

¶¶13

Court's answer

Having heard learned counsel for the parties and considering the facts and circumstances of the case, the court was inclined to enlarge the petitioner on bail.

¶¶19

Ratio / Principle

The petitioner was directed to be released on bail in connection with Rupaspur Excise P.S. Case No. 45 of 2026 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur, Patna.

¶¶19

Detailed headnote1 paragraphs

Patna High Court (Ashok Kumar Pandey, J.), by oral order dated 16-03-2026 in Criminal Miscellaneous No.16958 of 2026, allowed the petitioner's prayer for regular bail in connection with Rupaspur Excise P.S. Case No. 45 of 2026, registered for an offence punishable under section 30(a) of the Bihar Prohibition and Excise Act. The prosecution case was that altogether 100 liters of country made liquor was recovered from a scooty. Counsel for the petitioner argued that nothing was recovered from his conscious possession, that the scooty did not belong to him, that the seizure list witnesses were police personnel and that Section 105 of BNSS was not followed while preparing the seizure; he had been in judicial custody since 21.01.2026 with no criminal antecedent. Considering the facts and circumstances, the court enlarged the petitioner on bail on a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Special Excise Judge, Danapur, Patna.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16958 of 2026

¶2

Arising Out of PS. Case No.-45 Year-2026 Thana- RUPASPUR District- Patna

¶3

======================================================

¶4

Raja Kumar Son of Ramun Manjhi Resident of Mohalla- Govindpur, Laxmantola, Khagaul, P.S.- Phulwarisharif, District- Patna

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar Bihar

¶8

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mr. Akbar Ali, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

¶11

2 16-03-2026

¶12

Heard learned counsel for the petitioner and learned APP for the State.

¶13

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

¶14

The case of the prosecution is that from a scooty, altogether 100 liters of country made liquor was recovered.

¶15

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the conscious possession of the petitioner. He has been falsely implicated in this case. The said scooty does not belong to the petitioner. He has no concern with the alleged recovery or with the alleged scooty. The witnesses of the seizure

¶16

Patna High Court CR. MISC. No.16958 of 2026(2) dt.16-03-2026 2/2

¶17

list are police personnel and police has not followed Section 105 of BNSS while preparing seizure. Moreover, he is languishing in judicial custody since 21.01.2026 having no criminal antecedent.

¶18

Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

¶19

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rupaspur Excise P.S. Case No. 45 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur, Patna.

¶20

(Ashok Kumar Pandey, J)

¶21

shubham/-

Raja Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Raja Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Deenanath Ram @ Deenanath Paswan Vs The State of Bihar

Gyasuddin Vs The State of Bihar

Sachin Kumar Vs The State of Bihar

Rahul Vs The State of Bihar

Hifazu Rahman @ Hifazu Rahman Ansari @ Hifazu Rahaman Vs The State of Bihar

Gautam Kumar Vs The state of Bihar