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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29575 of 2026 Arising Out of PS. Case No.-342 Year-2025 Thana- GHORASAHAN District- East Champaran ====================================================== Raju Sah @ Raju Kumar @ Raju Kumar Sah S/o- Indrajeet Sah @ Indrajit Sah Resident of Bijbani, Baraiya Tola P.S- Jitna Dist- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore Alias Kundan Kumar For the Opposite Party/s :

Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 10.03.2026 in connection with Ghorasahan P.S. Case No. 342 of 2025 for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Amendment Act, 2022.

3. The case of the prosecution, in brief, is that on the basis of secret information, on 16.10.2025, co-accused was carrying illicit liquor. When the accused person saw the police Team, he tried to fled away on the spot. That co-accused is arrested at the spot. The team search the bike and found total 10.80 liters of Nepali liquor and one bike were recovered. The accused person stated that the said liquor is belongs to the petitioner and he was going to deliver it to Jumai Mian. Accordingly, seizure list was prepared. Hence this is lodging the FIR.

4. Learned counsel for the petitioner submits that it

Patna High Court CR. MISC. No.29575 of 2026(2) dt.04-05-2026 2/3 appears from the FIR and seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has been made from the motorcycle in question. It is next submitted that name of the petitioner has transpired on the basis of confessional statement of co-accused person, namely, Chandan Kumar and except the aforesaid nothing has come during the investigation to suggest the involvement of the petitioner in the present occurrence and petitioner is in custody since 10.03.2026.

5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner and submits that petitioner has antecedent of eleven cases other than the present case but fairly submits that petitioner is on bail in five cases and the rest cases are pending for consideration before the court of competent jurisdiction.

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 Court of Exclusive Special Excise Court No. 3/concern court, Motihari, East Champaran in connection with Ghorasahan P.S. Case No. 342 of 2025, subject to the following conditions:-

Patna High Court CR. MISC. No.29575 of 2026(2) dt.04-05-2026 3/3 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 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) Gaurav Sinha/- U T