Created by Fuzzy Cloud

Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.23297 of 2026(2) dt.17-04-2026
                                            2/3




          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
                                                        3/3




                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.