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 a bond and specified conditions.
Summary
Raushan Kumar was arrested on 14 February 2026 after police, acting on information from an excise officer, seized 204 litres and 120 millilitres of foreign liquor from the courtyard of his old house. The petitioner contended that no liquor was found in his personal possession and that the charge under Section 30(a) of the Bihar Prohibition and Excise Act was based merely on suspicion, also alleging non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023. The prosecution opposed bail, noting two prior cases against the petitioner, though he was on bail in those matters. The court examined the facts, the nature of the offence, and the petitioner’s custody since 14 February, and decided to grant bail. Bail was conditioned on a bond of Rs. 10,000 with two sureties, compliance with trial attendance, non‑tampering with evidence or witnesses, and verification of any concealed criminal antecedents.
Issues considered
- Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act when the seized liquor was not in his immediate possession.
- Whether alleged non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023, affects the bail application.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 105
Subjects
- bail
- excise offence
- foreign liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedent
- non‑possession
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19553 of 2026
Arising Out of PS. Case No.-311 Year-2026 Thana- Excise P.S. District- Muzaffarpur
======================================================
Raushan Kumar son of Shibu Mahto Resident Of Village- Sherpur Kaistha
Tola, Ward no. 07, Ps- Sadar, Dist- Muzaffarpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Ms. Nitu Kumari, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.02.2026 in connection with Muzaffarpur Excise (Utpad) P.S.
Case No. 311 of 2026 for the offence punishable under Section
30(a) of Bihar Prohibition and Excise Act.
3. The prosecution story, in brief, is that the informant
who is S.I. of Excise P.S. namely, Niraj Kumar has submitted
his written application before S.H.O. Excise Muzaffarpur on
14.2.2026 alleging therein that on 14.2.2026 he got secret
information that one Raushan Kumar (petitioner) resident of
Sherpur Kaisth tola has kept liquor in his old house courtyard
(Darwaja). It is further alleged that on such information he
along with other police persons reached at the place. It is further
alleged that seeing the police one person wanted to flee but
apprehended by police on query apprehend person disclosed his
name Raushan Kumar ( petitioner), on search, in the front of old
house courtyard (Darwaja) total 204 liters 120 milliliters of
Patna High Court CR. MISC. No.19553 of 2026(2) dt.31-03-2026
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foreign liquor was recovered. It is further alleged that in the
presence of police seizure list was prepared.
4. Learned counsel for the petitioner submits that from
bare perusal of the FIR it appears that nothing has been
recovered from the conscious possession of the petitioner and
recovery has been made from an old house courtyard (darwaja)
and petitioner has been made an accused in this case on the
basis of suspicion and altogether 204 liters 120 milliliters of
foreign liquor was recovered. It is next submitted that there is
non-compliance of mandatory provisions of Sections 103 and
105 of BNSS, 2023. Learned counsel for the petitioner further
submits that petitioner is in custody since 14.02.2026.
5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner and submits that he has antecedent of two
cases other than the present case but fairly submits that the
petitioner is on bail in these cases.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge Excise-II, Muzaffarpur in connection with
Patna High Court CR. MISC. No.19553 of 2026(2) dt.31-03-2026
3/3
Muzaffarpur Excise (Utpad) P.S. Case No. 311 of 2026, subject
to the following conditions:-
i. 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
reason, his bail bond shall be canceled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Gaurav Sinha/-
U T
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