Patna High Court

Raushan Kumar SawversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail, holding that the petitioner’s clean antecedents, lack of direct incriminating material, and short custody justified release on bail.

Summary

The petitioner, Raushan Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 99.96 litres of liquor were recovered from a godown he owned jointly. He claimed innocence, arguing that no incriminating material was found in his personal possession and that he has no prior criminal record. The State opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the BNSS, 2023, and the petitioner’s clean antecedents. The Court, noting the short period of custody, the absence of direct evidence against him, and his clean record, decided to grant bail. Bail was set at Rs.15,000 with two sureties, subject to conditions including family surety and regular court appearances.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
Whether the non‑compliance of Section 103 of the BNSS, 2023, affects the bail decision

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
BNSS 2023
Section 103
joint ownership
criminal antecedent
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3220 of 2026
                     Arising Out of PS. Case No.-1234 Year-2025 Thana- KANKARBAG District- Patna
                 ======================================================
                 Raushan Kumar Saw Son of Ganauri Saw Resident of village- Samrat Colony,
                 Changar, Ashok Nagar, Road No 11, PS- Kankarbagh, District -Patna


                                                                                 ... ... Petitioner/s
                                                      Versus


                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Amrit Abhijat, Advocate
                 For the Opposite Party/s :      Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Kankarbagh PS Case No. 1234 of 2025 instituted for the

                   offences under Section/s 30(a) of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that 99.96 liters

                   liquor was recovered from godown of the petitioner.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.3220 of 2026(2) dt.19-01-2026
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          no concern with the alleged recovery of liquor. It is submitted

          that name of the petitioner has surfaced in this case as owner of

          the godown and in this regard, it is submitted that the same is

          joint property. The petitioner is in custody since 31.12.2025 and

          has got no criminal antecedent/s. There is no compliance of

          Section 103 of the BNSS, 2023.

                  5.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  6.      Considering the aforesaid facts and circumstances

          of the case, clean antecedent of the petitioner and the period of

          custody undergone by the petitioner, this Court is inclined to

          grant bail to the petitioner.

                  7.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court             in connection with Kankarbagh PS

          Case No. 1234 of 2025, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.3220 of 2026(2) dt.19-01-2026
                                                       3/3




                     bail bonds of the petitioner.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T

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