Patna High Court
Raushan Kumar @ Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Raushan Kumar, the driver of an e‑rickshaw, was arrested in connection with an excise case (Case No. 3017 of 2025) for allegedly transporting 114 litres of country‑made liquor, alleged offences under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the liquor, no incriminating material was found in his personal possession, he had no criminal antecedents and the statutory requirement of Section 103 of the BNSS, 2023 had not been complied with. The State opposed bail. Considering the lack of direct evidence against the petitioner, his clean record and the period already spent in custody, the Court was inclined to grant bail. The Court ordered his release on bail upon furnishing a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the driver accused under the Bihar Prohibition and Excise Act in view of the evidence and statutory provisions.
- Whether the non‑compliance of Section 103 of the BNSS, 2023 warrants denial of bail.
Subjects
- bail
- excise
- liquor seizure
- driver
- Bihar Prohibition and Excise Act
- Section 103 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2169 of 2026
Arising Out of PS. Case No.-3017 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Raushan Kumar @ Raushan Kumar Son of Mahesh Coudhari @ Mahes
Choudhary Resident of Mohalla Hela Bazar, Hajipur, P.S.- Vaishali, District -
Vaishali, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar, Adv.
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
100 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise PS
Patna Case No. 3017 of 2025 instituted for the offences under
Sections 30(a), 41 & 56(b) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that 114 liters of
country made liquor was recovered from the e-rickshaw.
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. Learned counsel for
the petitioner submits that the petitioner is the driver of the
Patna High Court CR. MISC. No.2169 of 2026(100) dt.19-01-2026
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vehicle in question and he has no knowledge regarding the
nature of goods kept in the vehicle. The petitioner is in custody
since 09.11.2025 and has got no criminal antecedent. 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 Excise PS Patna Case No. 3017 of
2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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