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Patna High Court

Raushan Kumar @ Roshan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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