Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted as the recovery of illicit liquor was not made from the petitioner's conscious physical possession.
Summary
The petitioner, Raushan Kumar, was implicated in a case under Section 30(a) of the Excise Act, 2022 for alleged illegal manufacturing and trading of illicit liquor, with 43.200 litres recovered from a motorcycle registered in his name but owned by a friend. He argued that he did not have conscious physical possession of the liquor. The prosecution opposed his bail, noting he was already on bail in another criminal case. The court examined the factual submissions and found that the recovery did not appear to be from the petitioner's conscious possession. Consequently, the court directed that he be released on bail upon surrender within four weeks, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the BNSS. The bail order was conditioned on compliance with the exclusive Special Excise Court, Muzaffarpur.
Issues considered
- Whether the petitioner is entitled to bail when the alleged illicit liquor was not recovered from his conscious physical possession.
- Whether Section 482(2) of the BNSS permits the grant of bail in this circumstance.
Legislation cited
- BNSS — s. 482(2)
- Excise Act, 2022 — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- possession
- Section 30(a)
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32269 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- KUDHNI District- Muzaffarpur
======================================================
Raushan Kumar S/O Surendra Sah R/O Ward No. 02, Barakapur @
Badakapur @ Barkurva, P.S- Turki (Kudhani), Distt.- Muzaffarpur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prabhat Kumar Singh
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 08-06-2026 Heard the parties
2. The petitioner is apprehending his arrest in
connection with Kudhani P.S. Case No. 23 of 2026 registered
for the offences punishable under Section 30(a) of Excise Act,
2022.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 43.200 litres of IMFL/country made liquor
4. It is submitted by learned counsel appearing on
behalf of the petitioner that recovery of alleged illicit liquor
was made from motorcycle bearing registration no.
BR06DV5728, which was given to his friend but due to
technical reason as petitioner is the registered owner of the
motorcycle he was implicated with present case. It is
Patna High Court CR. MISC. No.32269 of 2026(3) dt.08-06-2026
2/2
submitted that recovery of alleged illicit liquor was not made
from the conscious physical possession of this petitioner. While
concluding arguments, it is submitted that petitioner found
involved in one more criminal case where he is on bail.
5 Learned APP, opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as recovery of alleged illicit liquor prima-
facie not appears to be made from the conscious physical
possession of the petitioner, accordingly petitioner above-
named, in the event of his arrest or surrender before the court
below within a period of four weeks, is directed to be released
on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned learned Exclusive Spl. Excise court
II, Muzaffarpur /concerned Court, where the case is pending in
connection with Kudhani P.S. Case No. 23 of 2026, subject to
the conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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