Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24435 of 2026 Arising Out of PS. Case No.-72 Year-2026 Thana- NARDIGANJ District- Nawada ====================================================== Raju Kumar S/O Vijay Kumar R/O Village- Hirawan Bigha, P.S.- Nardiganj, Distt.- Nawada, At Present R/O Village- Chorma Banganga, P.S.- Nardiganj, Distt.- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate Mr. Arihant Singh, Advocate For the Opposite Party/s :
Mr. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-04-2026 Heard Mr. Arihant Singh, learned counsel for the petitioner and Mr. Parmanand Prasad, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 03.03.2026 in connection with Nardiganj P.S. Case No. 72 of 2026, F.I.R. dated 03.03.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 867.24 litres of Indian Made Foreign liquor from the garage of the petitioner.
4. Learned counsel for the petitioner submit that petitioner has clean antecedent and he has falsely been implicated in the present case. Learned counsel further submits that the petitioner is not the owner of the garage in question rather the garage in question is a joint house property and
Patna High Court CR. MISC. No.24435 of 2026(2) dt.15-04-2026 2/3 seizure list witnesses are the local Chowkidar. There is noncompliance of Section 103/105 of the BNSS, 2023. Petitioner is in custody since 03.03.2026.
5. Learned APP for the State on the other hand vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and there is noncompliance of Section 103/105 of the BNSS, 2023, 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 Exclusive Special Court Excise- 2, Nawada in connection with Nardiganj P.S. Case No. 72 of 2026, with 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 her absence on two consecutive dates without sufficient reason, their 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
Patna High Court CR. MISC. No.24435 of 2026(2) dt.15-04-2026 3/3 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) Ranjeet/- U T