Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The application for regular bail was rejected.
Summary
Raushan Kumar was arrested in connection with a seizure of 157.2 litres of Nepali liquor from his motorcycle and charged under section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner argued that no incriminating article was found on his person, that he was falsely implicated, and offered to cooperate with the investigation. The State opposed bail, emphasizing the large quantity of liquor recovered and the petitioner’s prior record under the same Act. After hearing both sides, the Court considered the seriousness of the offence and the petitioner’s antecedent and declined to grant regular bail. The Court ordered the bail application to be dismissed but permitted the petitioner to file a fresh bail petition after six months.
Issues considered
- Whether regular bail can be granted to a person accused under section 30(a) of the Bihar Prohibition and Excise Act, 2016 in view of the seizure of a large quantity of liquor and the petitioner’s antecedent.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- antecedent
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23565 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- CHHATAPUR District- Supaul
======================================================
Raushan Kumar S/o Bhupendra Yadav R/o Village - Ramghat, Koshkapur,
Ward No. 5, P.S- Narpatganj, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Bhushan Das, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sessions Trial no.54 of
2026, arising out of Chhatapur P.S. Case no.19 of 2026
registered under section 30(a) of the Bihar Prohibition and
Excise Act, 2016.
3. As per the prosecution case, 157.2 litres of nepali
liquor was recovered from the motorcycle in question and the
petitioner was taken into custody.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession who has been falsely implicated in the case because
of his antecedent. The petitioner is in custody since 18.1.2026
and undertakes to cooperate in the investigation/trial.
Patna High Court CR. MISC. No.23565 of 2026(2) dt.08-04-2026
2/2
5. The prayer for bail is opposed by learned A.P.P for
the State who submits that 157.2 litres of liquor was recovered
from the possession of the petitioner and the petitioner has an
antecedent under the Bihar Prohibition and Excise Act, 2016.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R. together with the antecedent of the petitioner, the
Court is not inclined to enlarge the petitioner on bail and the
application is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after six months.
(Partha Sarthy, J)
avinash/-
U T
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