← Library
Patna High CourtCR. MISC./30569/2026allowed

Raja Kumar v. The State Of Bihar

2026-05-07Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30569 of 2026 Arising Out of PS. Case No.-109 Year-2026 Thana- MANIYARI District- Muzaffarpur ====================================================== Raja Kumar S/o Bharat Bhagat R/o Vill. - Beruyadih, Ward no. 7, P.S. - Bariyarpur(Sakra), Distt. - Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Adv.

For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Maniyari P.S. Case No. 109 of 2026 registered for the offence punishable under Sections 30(a)/41 of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that from a pick-up vehicle, altogether 947.160 liters of illicit liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the petitioner is the driver of the said pick-up vehicle. Nothing has been recovered from the

Patna High Court CR. MISC. No.30569 of 2026(2) dt.07-05-2026 2/2 possession of the petitioner. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 03.04.2026.

5. The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.II, Muzaffarpur in connection with Maniyari P.S. Case No. 109 of 2026. (Ashok Kumar Pandey, J) Sudhanshu/- U T