Patna High Court
Raushan Kumar Ratan @ Roshan Kumar RatanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- BNSS, 2023 — s. 103
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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