Patna High Court
Raushan Kumar @ Roshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to a bond and specified conditions.
Summary
Raushan Kumar was arrested on 24 February 2026 in connection with an excise case involving the seizure of 106.200 litres of foreign liquor from a vehicle, for which he was charged under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2018. He pleaded that he has a clean antecedent, was falsely implicated, and that the seized liquor was not in his conscious possession nor was he the owner of the vehicle. The petitioner also contended that the investigating authorities had not complied with Sections 103 and 105 of the BNSS, rendering the bail application stronger. The Additional Public Prosecutor opposed bail. The High Court, noting the petitioner’s clean record and the alleged procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2018.
- Whether non‑compliance of Sections 103 and 105 of the BNSS affects the grant of bail.
- Whether the petitioner’s lack of ownership of the vehicle and clean antecedent justify bail.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise
- foreign liquor
- Section 30
- Section 47
- Bihar Prohibition and Excise Act
- non‑compliance
- criminal antecedent
- vehicle seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22236 of 2026
Arising Out of PS. Case No.-130 Year-2026 Thana- Excise P.S. District- Purnia
======================================================
Raushan Kumar @ Roshan Kumar S/O Devnandan Yadav R/O Village-
Rampatti, P.S- Kumar Khand, Distt.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard Mr. Amarnath Jha, learned counsel for the
petitioner and Mr. Kanhiya Kishor, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.02.2026 in connection with Purnia Sadar Excise P.S. Case
No.130 of 2026, F.I.R. dated 23.02.2026 for the offences
punishable under Section 30(a), 47 of the Bihar Prohibition and
Excise Act, 2018.
3. Recovery is of 106.200 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
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
Patna High Court CR. MISC. No.22236 of 2026(2) dt.06-04-2026
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the recovery has been made from vehicle in question and the
petitioner is not the owner of the vehicle in question. He further
submits that there is non-compliance of Section 103 and 105 of
BNSS and the petitioner is in custody since 24.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is non-compliance of
Section 103 and 105, 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
Court-II, Purnia in connection with Purnia Sadar Excise P.S.
Case No.130 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 cancelled 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.
Patna High Court CR. MISC. No.22236 of 2026(2) dt.06-04-2026
3/3
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)
Suruchi/-
U T
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