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Patna High Court

Raushan Kumar Ratan @ Roshan Kumar RatanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to bond and conditions.

Summary

The petitioner, Raushan Kumar Ratan, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 171 litres of Nepali liquor were seized from five motorcycles. He claimed innocence, stating that the motorcycles did not belong to him and that he had no possession of the liquor, and argued that the police had framed him. The State opposed bail, citing the petitioner’s three prior criminal antecedents and alleged non‑compliance with Section 103 of the BNSS, 2023. The court examined the lack of incriminating material found in the petitioner’s possession and considered the length of his pre‑trial custody since 5 December 2025. Weighing the circumstances, the court decided to grant bail, imposing a bond of Rs.15,000 with two sureties and specific conditions regarding family surety and appearance in court. The bail order was issued subject to cancellation if the petitioner defaults on two consecutive court dates.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents.
  • Whether non‑compliance with Section 103 of the BNSS, 2023, warrants denial of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 103
  • pre‑trial detention
  • criminal antecedents
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1837 of 2026
                        Arising Out of PS. Case No.-263 Year-2025 Thana- BELA District- Sitamarhi
                 ======================================================
                 Raushan Kumar Ratan @ Roshan Kumar Ratan Son of Lal Babu Singh R/o
                 Village - Saurbhaur, P.S. - Bela, District - Sitamarhi

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Murari, Adv.
                 For the Opposite Party/s :        Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Bela PS Case

                   No. 263 of 2025 instituted for the offences under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 171 liters of nepali

                   liquor was recovered from five motorcycles.

                           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

                   no concern with the alleged recovery of liquor. Learned counsel

                   for the petitioner submits that the petitioner is not the owner of

                   the said motorcycles and has been implicated in this case by the
           Patna High Court CR. MISC. No.1837 of 2026(2) dt.19-01-2026
                                                       2/2




                     police with ulterior motive. The petitioner is in custody since

                     05.12.2025 and has got three criminal antecedents. There is no

                     compliance of Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Bela PS Case No. 263 of 2025, 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

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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