Patna High CourtCR. MISC./12557/2026allowed

Raj Kumar v. The State Of Bihar

2026-04-03Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12557 of 2026 Arising Out of PS. Case No.-307 Year-2025 Thana- CHAKIA District- East Champaran ====================================================== Raj Kumar son of Ranjit Prasad @ Ranjjit Bhagat @ Ranjit Kumar Resident of village -Shitalpur PS- Chakia, Distt -East Champaran. ... ... Petitioner/s

Versus

The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-04-2026

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Chakia P.S. Case No.307 of 2025 for the offence registered under Sections 317(5) of Bharatiya Nyaya Sanhita, Section 30(a) of Bihar Prohibition and Excise Act and Section 25(1-B) (a) and 26 of the Arms Act.

3. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 18.09.2025 passed in Cr. Misc. No. 56158 of 2025.

4. As per prosecution case, 345.6 litre illicit foreign liquor and one pistol were recovered from the Wagon-R car in which petitioner was sitting and he was apprehended.

5. The report of Trial Court dated 07.03.2026 reveals that the charge has been framed on 23.02.2026 and summon has

Patna High Court CR. MISC. No.12557 of 2026(3) dt.03-04-2026 2/2 been issued to the witnesses.

6. Learned counsel for the petitioner submits that petitioner is neither owner nor driver of seized vehicle and he has no concern with the seized material. Further submission is that petitioner is in custody since 16.06.2025 and there is no likelihood of conclusion of the trial in near future.

7. Learned A.P.P. for the State opposed the bail application.

8. Having considered the facts and circumstances of the case, period of custody and tardy progress of the trial, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 3, East Champaran in connection with Chakiya P.S. Case No. 307 of 2025 with following conditions:- (i) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the learned Trial Court itself.

(Sunil Dutta Mishra, J) Ritik/- U T