Raju Kumar Singh @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20331 of 2026 Arising Out of PS. Case No.-91 Year-2026 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Raju Kumar Singh @ Raju Kumar S/O Umesh Singh Resident of VillageDalpath Bishunpur, P.S.- Dhaka, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhurendra Kumar, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-03-2026 Heard Mr. Dhurendra Kumar, learned counsel for the petitioner and Dr. Kumar Uday Pratap, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 31.01.2026 in connection with Gopalganj P.S. Case No. 91 of 2026, F.I.R. dated 30.01.2026 for the offences punishable under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. Recovery is of 177.255 liters of foreign liquor.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has

Patna High Court CR. MISC. No.20331 of 2026(2) dt.26-03-2026 2/3 been made from the vehicle in question. He further submits that the petitioner is neither the owner nor the driver of the said vehicle in question. As per the allegation, the petitioner works as a liner with his friend Niraj Kumar. There is non-compliance of Section 103/105 of the BNSS, 2023. The petitioner is in custody since 31.01.2026.

5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries three criminal antecedents other than the present one but fairly submits that he is on bail in the pending matters.

6. Considering the aforesaid facts and circumstances, 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 the learned District & Additional Sessions Judge-XIII-cum-Special Judge, Excise-I, Gopalganj in connection with Gopalganj P.S. Case No. 91 of 2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.20331 of 2026(2) dt.26-03-2026 3/3 reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T