Patna High CourtCR. MISC./16958/2026allowed

Raja Kumar v. The State Of Bihar

2026-03-16Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16958 of 2026 Arising Out of PS. Case No.-45 Year-2026 Thana- RUPASPUR District- Patna ====================================================== Raja Kumar Son of Ramun Manjhi Resident of Mohalla- Govindpur, Laxmantola, Khagaul, P.S.- Phulwarisharif, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. 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.

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

4. 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

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

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

6. 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.

(Ashok Kumar Pandey, J) shubham/- U T