Patna High CourtCR. MISC./26863/2026allowed

Raja Kumar v. The State Of Bihar

2026-04-23Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26863 of 2026 Arising Out of PS. Case No.-255 Year-2026 Thana- EXCISE PUPRI District- Sitamarhi ====================================================== Raja Kumar, S/O Shivaji Ray, Resident of village - Amba Kala (Amwa Kalan), P.S.- Piprahi, District- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-04-2026 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 Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short is that from a car, altogether 288 liters of Nepali country made liquor was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He is just a driver of the car. It has further been submitted that the witnesses of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure.

Patna High Court CR. MISC. No.26863 of 2026(2) dt.23-04-2026 2/2 Petitioner is languishing in judicial custody since 16.03.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that petitioner is having criminal antecedent of one case.

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 Pupri Excise Prohibition P.S. Case No. 255 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 Exclusive Special Excise Court No. II, Sitamarhi. (Ashok Kumar Pandey, J) lata/- U T