Raj Kumar Bhagat @ Raj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13601 of 2026 Arising Out of PS. Case No.-4 Year-2016 Thana- GOPALPUR District- Gopalganj ====================================================== Raj Kumar Bhagat @ Raj Kumar Singh Son of Gopichand Bhagat Resident of Village- Shapur Pakdiyar, P.S.- Gopalpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Supriya Kumari, Advocate For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gopalpur P.S. Case No. 4 of 2016 instituted for the offences under Section 47(a) of the Bihar Prohibition and Excise Act. And Sections 272, 273 of the Indian Penal Code.

3. Prosecution case, in short, is that on secret information, police raided the gumti of the petitioner and allegedly recovered 22 litres of illicit liquor.

4. Learned counsel for the petitioner submitted that present case is the case of misuse of privilege of bail earlier granted to the petitioner. Learned counsel further submitted that cognizance in the present case was taken against the petitioner

Patna High Court CR. MISC. No.13601 of 2026(2) dt.26-02-2026 2/3 on 06.02.2016 and on the same date, the petitioner was granted bail by the learned court below. It is further submitted that on 24.04.2018 the bail bonds of the petitioner was cancelled due to his non-appearance before the learned court below and NonBailable Warrant was issued against him. Learned counsel further submitted that petitioner had no knowledge that pairvikar had stopped pursuing the case and due to the said reason, the bail bonds of the petitioner got cancelled. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.01.2026 and has two criminal antecedents. Learned counsel further submitted that petitioner undertakes to abide by any conditions imposed by this Court, if released on bail.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the undertaking given by the petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

Patna High Court CR. MISC. No.13601 of 2026(2) dt.26-02-2026 3/3 like amount each to the satisfaction of Court below/concerned Court in connection with Gopalpur P.S. Case No. 4 of 2016, subject to the following conditions:

(I) One of the bailors shall be the petitioner's own or a close family member.

(II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

(IV) The petitioner shall not commit any offence of a similar nature in future.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T