Raja Singh @ Raj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24298 of 2026 Arising Out of PS. Case No.-416 Year-2025 Thana- RIVILGANJ District- Saran ====================================================== Raja Singh @ Raj Kumar Singh Son of Late Baban Singh Resident of village Nayaka Barka Baiju Tola, P.S.- Rivilganj, District - Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar, Advocate For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-04-2026 Heard Mr. Hemant Kumar, learned counsel for the petitioner and Mr. Khurshid Anwar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since 09.03.2026, in connection with Revilganj P.S. Case No. 416 of 2025, F.I.R. dated 21.12.2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.
3. Recovery is of 89.640 litres of foreign liquor.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely 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 recovery has been made from the vehicles in question and altogether 72 litres of
Patna High Court CR. MISC. No.24298 of 2026(2) dt.15-04-2026 2/3 foreign liquor was recovered from the car in question and 17.640 litres of foreign liquor was recovered from the motorcycle in question. He further submits that the name of the petitioner has been transpied on the basis of secret information and except the aforesaid, no other cogent material has come during investigaton to suggest the involvement of the petitioiner in the present occurrence and the petitioner is not owner of the vehicle in question and there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 09.03.2026.
5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases of similar nature other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that out of three cases, the petitioner is on bail in two cases and one case is pending for consideration before the competent court of law.
6. Considering the facts and circumstances of the case and the fact that nothing has been recovered from the conscious possession of the petitioner and there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 02nd Exclusive Special Excise Judge,
Patna High Court CR. MISC. No.24298 of 2026(2) dt.15-04-2026 3/3 Saran at Chapra in connection with Revilganj P.S. Case No. 416 of 2025, subject to the following conditions :-
(1) 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 reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) 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 antecedents, 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) Ibrar//- U T