Raju Kumar @ Raju Rai @ Rajiv Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 35285 of 2026 Arising Out of PS. Case No.-530 Year-2025 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.
Raju Kumar @ Raju Rai @ Rajiv Rai S/O Hari Narayan Yadav @ Hari Narayan Ray R/O Village- Naya Tola, Dedaur, P.S.- Bakhtiyarpur, Distt.- Patna.
2.
Dilip Kumar @ Dilip Rai S/O Hari Narayan Yadav @ Hari Narayan Ray R/O Village- Naya Tola, Dedaur, P.S.- Bakhtiyarpur, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok, Adv.
For the Opposite Party/s :
Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 25-05-2026 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.
2. The petitioners are apprehending their arrest in connection with Bakhtiyarpur P.S. Case No. 530 of 2025 dated 01.10.2025 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act and Section 27 of the Arms Act.
3. As per prosecution case, a total of 16.83 liter of illicit foreign made liquor has been recovered from the thrown pithhu bag and the bag (jhola) kept by the co-accused Ranjeet Kumar.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the
Patna High Court CR. MISC. No. 35285 of 2026(2) dt.25-05-2026 2/3 present case. It is next submitted that the petitioners have been implicated in this case on the basis of the disclosures made by the apprehended co-accused Ranjeet Kumar. The case of the petitioners is that no used or unused cartridge was recovered from the place of occurrence and that the allegations are false and frivolous, as the petitioners are in no way connected with the seized articles, which are said to have been recovered from apprehended co-accused Ranjeet Kumar. It is lastly submitted that the petitioners are persons of clean antecedent.
5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioners.
6. Having heard learned counsel for the parties and considering the fact that the alleged recovery has been made from the apprehended co-accused Ranjeet Kumar and the petitioners bear no criminal antecedent, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise, Barh (Patna) in connection with Bakhtiyarpur P.S. Case No. 530 of 2025, subject to the conditions as laid down
Patna High Court CR. MISC. No. 35285 of 2026(2) dt.25-05-2026 3/3 under Section 482(2) of the B.N.S.S. as well as the following conditions:
(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document / personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bonds by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
(Ajit Kumar, J) rishi/- U T