Raj Kishor Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37282 of 2026 Arising Out of PS. Case No.-63 Year-2026 Thana- YADOPUR District- Gopalganj ====================================================== Raj Kishor Kumar S/O Balistar Chaurasiya Resident of Village- Baluwan Sagar, P.S- Bishmbharpur, Distt.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Adesh Raj, Advocate For the Opposite Party/s :
Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-06-2026 Heard Mr. Adesh Raj, learned counsel for the petitioner and Ms. Pronoti Singh, the learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 09.03.2026 in connection with Yadavpur P.S. Case No. 63 of 2026, F.I.R. dated 08.03.2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
3. Recovery is of 248.200 liters of Country made liquor.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. Further submits that it appears from the FIR as well as the seizure list that nothing has been recovered from conscious possession of the
Patna High Court CR. MISC. No.37282 of 2026(2) dt.16-06-2026 2/3 petitioner rather the recovery has been made from the motorcycle in question and petitioner is not the owner of the motorcycle in question and he has been made accused in the present case merely on the basis of suspicion. Learned counsel for the petitioner submits that it appears from the FIR that there is non-compliance of Sections 103 and 105 of the B.N.S.S, 2023 and police after investigation submitted the charge-sheet against the petitioner and the petitioner is in custody since 09.03.2026.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean antecedent and there is non-compliance of Section 103 and 105 of the B.N.S.S, 2023, 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 learned District and Addl. Sessions Judge XIIIcum-Spl. Excise Court No.-I, Gopalganj in connection with Yadavpur P.S. Case No. 63 of 2026, with 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.37282 of 2026(2) dt.16-06-2026 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her 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) Nitesh/- U T