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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail should be granted to the petitioner subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS, 2023.

Summary

The petitioner, Raushan Kumar, sought anticipatory bail after an FIR alleged that 60.16 litres of foreign liquor were recovered in front of his house, constituting an offence under Section 30(a) of the Bihar Prohibition and Excise Act (Amended) 2022. He argued that the seizure was made in an open, publicly accessible area without any independent witness and that his name was disclosed by a local watchman, and he has no prior criminal record. The State opposed the bail on the basis of the FIR allegations. The court examined the facts and, considering the lack of independent evidence and the petitioner’s clean record, ordered that anticipatory bail be granted if he surrenders within four weeks, subject to a bail bond of Rs.10,000 and two sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail order was conditioned on compliance with these requirements.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the circumstances of the seizure and the petitioner’s lack of criminal antecedent justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • foreign liquor seizure
  • Criminal Procedure Code
  • Bharatiya Nagarik Suraksha Sanhita
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25965 of 2026
                     Arising Out of PS. Case No.-24 Year-2026 Thana- KASHICHAK District- Nawada
                 ======================================================
                 Raushan Kumar Son of Anil Singh Resident of Village -Kashichak PS
                 -Kashichak Distt -Nawada

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Niraj Kumar, Advocate
                 For the Opposite Party/s :      Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   24-04-2026                    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 Section 30(a) of the

                   Bihar Prohibition and Excise Act (Amended), 2022.

                                3. The allegation in the First Information Report is

                   that 60.16 litres of foreign liquor has been recovered in front of

                   the house of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   recovery has been made from an open place, which is easily

                   accessible to all. There is no independent witness to the search

                   and seizure. It is further submitted that the name of the

                   petitioner has been disclosed by the local Chaukidar. The

                   petitioner has no criminal antecedent.
            Patna High Court CR. MISC. No.25965 of 2026(2) dt.24-04-2026
                                                        2/2




                                   5. Learned APP for the State opposed the prayer for

                      anticipatory bail on the basis of allegations made in the First

                      Information Report.

                                   6.    Taking      into     consideration   the   facts   and

                      circumstances of the case, let the above named petitioner, be

                      released on bail, in the event of his arrest or surrender before the

                      learned Court below within a period of four weeks from today,

                      on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

                      with two sureties of the like amount each to the satisfaction of

                      the learned Court below where the case is pending/successor

                      Court in connection with Kashichak P.S. Case No. 24 of 2026,

                      subject to the condition as laid down under Section 438 (2) of

                      the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha

                      Sanhita (BNSS), 2023.



                                                (Soni Shrivastava, J)
anand/-
U       T


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