Patna High Court

Raushan KumarversusThe State of Bihar

Decided: 4 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s antecedent.

Summary

The petitioner, Raushan Kumar, sought anticipatory bail fearing arrest in a case involving numerous offences under the Bihar Penal Code and the Bihar Excise Act, relating to the alleged recovery of liquor. He asserted a clean criminal record and argued that the allegations were vague and that the liquor was not recovered from his premises. The State opposed the bail, contending the seriousness of the charges. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on a Rs.10,000 bond with two sureties and directed verification of the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed upon verification.

Issues considered

Whether anticipatory bail can be granted in the present case despite the serious nature of the charges
Whether the petitioner’s alleged clean antecedent justifies the grant of bail
Whether the conditions imposed under Section 482(2) of the applicable code are appropriate

Subjects

anticipatory bail
provisional bail
clean antecedent
liquor seizure
Section 482
high court powers
criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29964 of 2026
                    Arising Out of PS. Case No.-139 Year-2025 Thana- KHUTAUNA District- Madhubani
                 ======================================================
                 Raushan Kumar S/o Raj Kumar Prasad @ Raj Kumar Sah R/o Village-
                 Khutauna, PS- Khutauna, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ravi Prakash
                 For the Opposite Party/s :      Mr.Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026               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 126(2),

                   115(2), 190, 191(2), 191(3), 109(1), 132, 121(1), 121(2), 352,

                   351(2), 274 and 275 of BNS and Section 30(a) of the Bihar

                   Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 930 ml of liquor from a place near newly

                   constructed house of Jai Prakash Bharti.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot nor the liquor was

                   recovered from his house but then it is alleged that during
Patna High Court CR. MISC. No.29964 of 2026(2) dt.04-05-2026
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          investigation, the accused persons along with 10-15 unknown

          accused attacked the police force and Shivam assaulted the

          informant by lathi and danda and Shiv Kumar tried to

          strangulate him and also assaulted other police officials and

          damaged the police vehicles. It is further submitted that as far as

          petitioner is concerned, the allegation against him is general and

          omnibus in nature.

                   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 within a period of six weeks

          from today, be released on Provisional anticipatory bail on

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

          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 Khutauna P.S. Case No. 139 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
              Patna High Court CR. MISC. No.29964 of 2026(2) dt.04-05-2026
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                        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

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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