Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner subject to bail bond, sureties, and verification of his antecedent.
Summary
The petitioner, Raushan Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 336(3), 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023, read with Sections 30(a) and 41(i) of the Bihar Excise Act, for the alleged recovery of 1,330.20 litres of liquor from a Bolero pickup. He contended that he has a clean antecedent, was not apprehended at the spot, did not have the liquor in his conscious possession, and was not the owner of the vehicle, asserting that the investigation was based on secret information. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500, two sureties of the same amount, and a six‑week window for surrender, with the condition that the trial court verify his antecedent. The order further stipulated that if any prior case is discovered, the provisional bail would not be confirmed, whereas a clean record would lead to immediate confirmation of bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the alleged liquor seizure case
- Whether the conditions imposed under Section 482(2) are sufficient to safeguard the trial process
Legislation cited
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Excise Act — s. 30(a), 41(i)
- Bihar Narcotic Substances Act, 2023 — s. 274, 275, 336(3), 3(5)
Subjects
- anticipatory bail
- liquor seizure
- clean antecedent
- bail conditions
- Section 482
- Bihar Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23297 of 2026
Arising Out of PS. Case No.-74 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
======================================================
Raushan Kumar S/O Ramudgaar Mandal @ Arvind Kumar Village- Dahiyar,
P.S.- Shivajinagar, Dist.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap
For the Opposite Party/s : Mr. Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 336(3),
274, 275 and 3(5) of the BNS, 2023 read with Sections 30(a)
and 41(i) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 1330.20 liters of liquor from a Bolero pick up
vehicle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized vehicle and came to be implicated based on
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secret information which is the easiest way to implicate
someone without holding a proper investigation, when petitioner
admittedly is a person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with
Shivajinagar P.S. Case No. 74 of 2025 subject to the conditions
as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
Patna High Court CR. MISC. No.23297 of 2026(2) dt.17-04-2026
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anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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