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

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

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-2, Patna/court concerned in connection with Excise Masaurhi P.S. Case No. 237 of 2026, subject to Section 480(3) BNSS conditions and the additional conditions imposed by the Court.

Issue for consideration

Whether the petitioner should be released on bail in connection with Excise Masaurhi P.S. Case No. 237 of 2026 registered under Sections 30(a) & 32(3) of the Bihar Prohibition & Excise Act.

Court's answer

Having regard to the facts and circumstances, submissions of the parties, the nature of recovery, submission of charge sheet and period of custody, the Court directed the petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-2, Patna/court concerned, subject to the conditions mentioned in Section 480(3) of BNSS.

Ratio / Principle

Bail granted subject to further conditions: (i) one of the bailors will be a close relative of the petitioner; (ii) the petitioner will remain present on each and every date fixed by the court below; and (iii) in case of absence on three consecutive dates or violation of the terms of bail, the bail bond will be liable to be cancelled by the court concerned.

Detailed headnote1 paragraphs

Bail granted (Patna High Court, Crl. Misc. No.37659 of 2026, Arun Kumar Jha, J., 17-06-2026): Petitioner Niraj Kumar, arraigned in Excise Masaurhi P.S. Case No. 237 of 2026 (District-Patna) under Sections 30(a) & 32(3) of the Bihar Prohibition & Excise Act for allegedly transporting, along with coaccused, 160 liters of country made liquor in a CNG Auto, sought regular bail. Counsel submitted that he was innocent and falsely implicated, was neither owner nor driver of the auto, was arrested merely on suspicion, nothing incriminating was recovered from his person/possession, he was in custody since 06.04.2026 with one antecedent case, and the charge sheet had been submitted; the APP opposed. Allowing the application, the Court directed release on bail on a bond of Rs. 10,000/- with two like sureties to the satisfaction of the Exclusive Special Excise Judge-2, Patna/court concerned, subject to Section 480(3) of BNSS and further conditions: one bailor to be a close relative; attendance on every date fixed by the court below; and liability of the bail bond to cancellation on absence on three consecutive dates or breach of bail terms.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37659 of 2026

Arising Out of PS. Case No.-237 Year-2026 Thana- EXCISE MASAUDHI District- Patna

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

Niraj Kumar, Son of Umesh Ray, R/o- Ramjichak, P.S.- Digha, District-Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Ram Jiban Pd Singh, Advocate For the Opposite Party/s : Md. Shakir Ahmad, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 17-06-2026

Heard learned counsel for the petitioner and learned

APP for the State.

In the present case, the petitioner seeks bail in connection with Excise Masaurhi P.S. Case No. 237 of 2026 registered for the alleged offence under Sections 30(a) & 32(3) of the Bihar Prohibition & Excise Act.

As per prosecution case, the petitioner and other coaccused were found transporting 160 liters of country made liquor in a CNG Auto.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is neither the owner nor the driver of the Auto and he was arrested merely on suspicion. Nothing incriminating has been recovered from the person/possession of

Patna High Court CR. MISC. No.37659 of 2026(2) dt.17-06-2026 2/3

the petitioner. The petitioner is in custody since 06.04.2026 and is having antecedent of one case. The charge sheet has been submitted.

Learned APP for the State opposes the submission made on behalf of the petitioner.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of recovery and further considering the submission of charge sheet and period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-2, Patna/court concerned in connection with Excise Masaurhi P.S. Case No. 237 of 2026, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the

Patna High Court CR. MISC. No.37659 of 2026(2) dt.17-06-2026 3/3

bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J)

V.K.Pandey/-

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