Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the CrPC.
Summary
The petitioner, Raushan Kumar, sought anticipatory bail after his name was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal liquor trade. The prosecution’s case was based on information from two arrested co‑accused who named the petitioner, but no liquor or other incriminating material was found in his constructive possession. The petitioner argued innocence and highlighted a prior criminal case for which he was on bail. The State opposed the grant of anticipatory bail. Considering the lack of direct evidence against the petitioner and the reliance on co‑accused statements, the Court inclined to grant anticipatory bail, imposing standard conditions and referencing Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted when the petitioner’s name is disclosed by co‑accused but no material is recovered from his possession.
- Whether the petitioner poses a risk of tampering with evidence or influencing witnesses.
- Applicability of Section 482(2) of the Criminal Procedure Code in granting anticipatory bail in a prohibition offence.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- constructive possession
- Section 482 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27711 of 2026
Arising Out of PS. Case No.-633 Year-2025 Thana- LALGANJ District- Vaishali
======================================================
Raushan Kumar Son of Naresh Sahni Resident of Village- Bilanpur
(Laxmipur Narayanpur), P.S.- Lalganj, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar Thakur, Adv.
For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Lalganj P.S. Case No. 633 of 2025 dated 16.12.2025
registered for the offence punishable under Section/s 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the police, acting on secret
information about illegal liquor trade at village Bilanpur,
conducted a raid, apprehended two persons while others
escaped, and recovered 50 litres of illegal country-made liquor
from the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted that the apprehended two
Patna High Court CR. MISC. No.27711 of 2026(3) dt.06-05-2026
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accused persons from whose possession, the seized liquor is said
to have been recovered, are said to have disclosed the name of
the petitioner, while nothing is said to have been recovered from
the constructive possession of the petitioner. Lastly, it is
submitted that the petitioner has one criminal antecedent in
which he is on bail.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Regard being had to the submissions made by the
parties and taking into consideration the fact that the name of
the petitioner has transpired in this case on the basis of the
disclosures made by the two apprehended accused persons and
nothing incriminating has been recovered from the constructive
possession of the petitioner, this Court is inclined to grant
privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of his arrest or surrender before the
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
learned Exclusive Special Excise Court No.1 -cum- District and
Additional Session Judge, Vaishali at Hajipur in connection with
Patna High Court CR. MISC. No.27711 of 2026(3) dt.06-05-2026
3/3
Lalganj P.S. Case No. 633 of 2025, subject to the condition as
laid down under Section 482(2) of the B.N.S.S. as well as the
following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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