Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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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