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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to specified conditions.

Summary

Raushan Kumar, a driver, was arrested on 20 February 2026 in connection with the seizure of 668.880 litres of foreign liquor alleged to be in his vehicle. He was charged under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2016 (as amended). The petitioner contended that he had no conscious possession of the liquor, possessed a clean antecedent, and that the investigating authorities had failed to comply with Sections 103 and 105 of the Bihar Narcotic/Non‑Serious Substances (BNSS) Act, 2023. The State opposed bail. The High Court, after considering the facts and the procedural lapses, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed verification of the petitioner’s antecedent but prohibited delay in accepting the bail bond.

Issues considered

  • Whether the petitioner is entitled to bail despite the alleged seizure of a large quantity of foreign liquor.
  • Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants denial of bail.
  • Whether the lack of conscious possession and the petitioner’s clean antecedent justify bail.

Subjects

  • bail
  • excise law
  • foreign liquor seizure
  • Bihar Prohibition & Excise Act
  • clean antecedent
  • conscious possession
  • procedural compliance
  • BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19482 of 2026
                     Arising Out of PS. Case No.-343 Year-2026 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Raushan Kumar S/O Kamkhya Ram @ Kamkhaya Ram R/O Village-
                 Bahlolpur, P.S- Paru, Distt.- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Priyesh Kumar, Advocate
                 For the State             :        Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   31-03-2026                     Heard Mr. Priyesh Kumar, learned counsel for the

                   petitioner and Mr. Braj Kishore Pd., learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   20.02.2026, in connection with Excise P.S. Case No. 343 of

                   2026, F.I.R. dated 19.02.2026 registered for the offences

                   punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition & Excise Act, 2016 (Amended 2018/2022).

                                 3. Recovery is of 668.880 litres of foreign liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.                  He further submits that it

                   appears from the F.I.R. as well as seizure list that nothing has

                   been recovered from the conscious possession of the petitioner

                   rather recovery has been made from the vehicle in question and
Patna High Court CR. MISC. No.19482 of 2026(2) dt.31-03-2026
                                            2/3




          the petitioner is driver of the vehicle in question and he has no

          concern at all with the alleged recovery of illicit liquor or the

          vehicle in question. He further submits that            there is non-

          compliance of Sections 103 and 105 of BNSS, 2023 and the

          petitioner is in custody since 20.02.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and

          nothing has been recovered from the conscious possession of

          the petitioner and there is non-compliance of Sections 103 and

          105 of the BNSS, 2023, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of       learned      Exclusive Special Judge Excise-II,

          Muzaffarpur in connection with Excise P.S. Case No. 343 of

          2026, subject to the following conditions :-

                        (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient
               Patna High Court CR. MISC. No.19482 of 2026(2) dt.31-03-2026
                                                           3/3




                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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