Patna High Court
Ghuskan Raut @ Rajesh RautversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
In the absence of any material recovered from the petitioner and no apprehension at the spot, bail must be granted.
Summary
The petitioner, Ghuskan Raut, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly storing and attempting to sell illicit Mahua liquor. Police recovered 35 litres of liquor from an orchard, but the petitioner was not apprehended at the spot and no incriminating items were found on his person. The petitioner claimed innocence, noting he had no connection with the seized liquor and was already on bail in two other cases. The State opposed bail, but the court observed that the lack of direct recovery from the petitioner and his non‑apprehension weakened the prosecution’s case. Consequently, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of material recovered from the petitioner and his non‑apprehension justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- illicit liquor
- prohibition act
- Section 30(a)
- Section 480(3)
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30208 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- PANAPUR District- Saran
======================================================
Ghuskan Raut @ Rajesh Raut son of Gul Bahar Raut R/o Village-Kondh
Bhagwanpur, P.S-Panapur, Dist-Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Panapur P.S. Case No. 91 of 2026 registered
for the alleged offences under Section 30(a) of Bihar Prohibition
and Excise Act.
03. As per prosecution case, police received
information about petitioner and two other co-accused persons
storing illicit liquor and trying to sell it, a raid was conducted at
the identified place and from an orchard, recovery of 35 litres of
country made Mahua liquor was made. The petitioner and other
co-accused persons are stated to have fled away from the spot.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.30208 of 2026(2) dt.11-05-2026
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petitioner is innocent and has been falsely implicated in this
case. The petitioner was not apprehended from the spot and
nothing incriminating has been recovered from his person or
possession. The petitioner has no concern with the seized liquor
or the place from where the recovery has been made. The
petitioner is having antecedent of two cases and he is on bail in
both the cases. The petitioner is in custody since 26.03.2026.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner was not apprehended from the petitioner
and no recovery has been shown from the petitioner, the
petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
2nd Exclusive Special Excise Judge, Saran at Chapra
/concerned Court in connection with Panapur P.S. Case No. 91
of 2026, subject to the conditions mentioned in Section 480(3)
of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
Patna High Court CR. MISC. No.30208 of 2026(2) dt.11-05-2026
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(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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