Patna High Court
Shri Raushan Kumar @ Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was provisionally granted, subject to surrender, bail bonds, and verification of the petitioner’s clean antecedent.
Summary
The petitioner, Raushan Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41(i) of the Bihar Excise Act for allegedly possessing 8.25 litres of liquor recovered from a motorcycle. He argued he had no prior criminal record, was not the owner of the vehicle, and the case was based solely on a confessional statement made by a co-accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes bail bonds and sureties, and that the trial court verifies his antecedents. The order is subject to confirmation after verification; if any prior case is found, the bail will not be confirmed.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 482(2) of the BNSS in a case involving alleged possession of liquor under the Bihar Excise Act?
- Does a confessional statement made by a co-accused in police custody constitute sufficient basis to deny anticipatory bail?
Legislation cited
- Bihar Excise Act — s. 30(a), 41(i)
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- clean antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11745 of 2026
Arising Out of PS. Case No.-107 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
======================================================
Shri Raushan Kumar @ Raushan Kumar S/o- Ramudgar Mandal Resident of
village- Chithaura, Police Station- Shivajinagar, District-Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Opposite Party/s : Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a) and
41(i) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 8.25 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and came to be implicated based on
confessional statement of Sonu in police custody which does not
have any evidentiary value.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.11745 of 2026(2) dt.24-02-2026
2/2
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the event
of his arrest or surrender before the learned Trial Court within a
period of six weeks from today, be released on Provisional
anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees
Five Hundred) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor court in connection with Shivajinagar P.S. Case
No. 107 of 2025 subject to the conditions as laid down under
Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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