Raimal Kumar @ Bhoda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26188 of 2026 Arising Out of PS. Case No.-30 Year-2026 Thana- Vasudeva District- Buxar ====================================================== Raimal Kumar @ Bhoda S/o Late Shiv Shankar Bind R/o Village - Vasudeva, Bind Toli, PS - Vasudeva, District - Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nitee Ranjan, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-04-2026 Heard Mr. Nitee Ranjan, learned counsel for the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 11.03.2026 in connection with Vasudeva P.S. Case No. 30 of 2026, F.I.R. dated 10.03.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.
3. Recovery is of 2 liters of country made wine.
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 of 2
Patna High Court CR. MISC. No.26188 of 2026(2) dt.20-04-2026 2/3 liters of country made wine has been made from the pokhra. He further submits that although the police have shown that the recovery has been made from the possession of the petitioner but from perusal of the seizure list it appears that the seizure list witnesses are the police personnel so there is non-compliance of Section 103/105 of the BNSS, 2023. The petitioner is in custody since 11.03.2026.
5 The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the recovery has been made from the possession of the petitioner and apart from that the petitioner carries one criminal antecedent other than the present one but fairly submits that he is on bail in the pending matter.
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 Exclusive Excise Special Court No. 2, Buxar in connection with Vasudeva P.S. Case No. 30 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
Patna High Court CR. MISC. No.26188 of 2026(2) dt.20-04-2026 3/3 on his absence on two consecutive dates without sufficient 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