Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45663 of 2026 Arising Out of PS. Case No.-316 Year-2026 Thana- VAISHALI District- Vaishali ====================================================== Raja Kumar Son of Amar Jeet Singh Resident of Jarang Rampur, P.S.- Belsar O.P., District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-07-2026 Heard the parties.

2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Vaishali (Belsar O.P) P.S. Case No.316/2026 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 132 litres of IMFL/country made liquor.

4. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the motorcycle. It is further submitted that motorcycle in issue is not connected in any manner with petitioner. It is submitted that recovery was not made from the conscious physical possession of the petitioner, who is a man of clean antecedent. It is also

Patna High Court CR. MISC. No.45663 of 2026(2) dt.10-07-2026 2/2 submitted that seizure list appears doubtful being not supported by independent witnesses rather by local chowkidaar.

5. Learned APP, opposes the prayer for bail.

6. In view of the facts and circumstances as mentioned above as recovery of illicit liquor prima-facie not appears to be made from the physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, 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 Excise Court 2nd cum District and Additional Sessions Judge, Vaishali at Hajipur/concerned trial court where the case is pending in connection with Vaishali (Belsar O.P) P.S. Case No.316/2026 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS. (Chandra Shekhar Jha, J) S.Tripathi/- U T