Krishna Raut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2488 of 2026 Arising Out of PS. Case No.-304 Year-2025 Thana- TARAIYA District- Saran ====================================================== 1.
Krishna Raut S/o Mohan Raut R/o Village - Chanchaliya Bintoli, P.S - Taraiya, District - Saran 2.
Rajesh Sah S/o Upendra Sah R/o Village - Chanchaliya Diyar, P.S - Taraiya, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash, Advocate For the Opposite Party/s :
Mr.Rajendra Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Taraiya P.S. Case No. 304 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 40 liters of country made liquor was recovered from motorcycle. Petitioners were arrest on the spot.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioner no.2 is said to be owner of the
Patna High Court CR. MISC. No.2488 of 2026(2) dt.19-01-2026 2/3 alleged motorcycle. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. The alleged recovery has been planted for extraneous consideration. The petitioners are in custody since 09.11.2025. Petitioner No.1 has one criminal antecedent, whereas petitioner No.2 has 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 petitioners.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Taraiya P.S. Case No. 304 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners.
(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on
Patna High Court CR. MISC. No.2488 of 2026(2) dt.19-01-2026 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.
(Rudra Prakash Mishra, J) manish/- U T