Patna High Court
Raushan Kumar BhartiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to cash bond, sureties, and appearance conditions.
Summary
The petitioner, Raushan Kumar Bharti, was arrested after 90 litres of liquor were recovered from a motorcycle and sought bail under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating he was merely a passerby and not the owner of the motorcycle, and that no incriminating material was found in his possession. The State opposed the bail, but the court noted the lack of concrete evidence, the petitioner’s prolonged custody since 17 January 2026, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering these factors, the court decided to grant bail, imposing a cash bond of Rs. 15,000 with two sureties and conditions regarding family surety and regular court appearances. The bail may be cancelled if the petitioner defaults on two consecutive appearances.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest and evidence.
- Whether the failure to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, justifies denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- suspected possession
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12638 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- RIGA District- Sitamarhi
======================================================
Raushan Kumar Bharti S/o Ram Vilakshan Bharti R/o Village- Riga Imli
Bazar, P.S.- Riga, Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Riga
P.S. Case No. 24 of 2026, instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 90 liters
liquor was recovered from motorcycle and the petitioner was
arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.12638 of 2026(2) dt.24-02-2026
2/3
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner was a
passerby of that way and was arrested only on the basis of
suspicion. It is further submitted that the petitioner is not the
owner of the motorcycle in question. The petitioner is in custody
since 17.01.2026 and has got one criminal antecedent in which
he is on bail. There is no compliance of Section 103 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Riga P.S. Case No.
24 of 2026, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.12638 of 2026(2) dt.24-02-2026
3/3
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.