Patna High Court
Raushan Kumar GautamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to the conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioner, Raushan Kumar Gautam, was arrested as the driver of a pick‑up vehicle from which police seized 1,131.66 litres of foreign liquor concealed under potato sacks, along with potatoes and mobile phones. He claimed he was unaware of the liquor consignment, had no criminal record, and was merely a daily‑wage driver who had been handed the vehicle by a third party. The prosecution charged him under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner’s counsel argued that nothing incriminating was found in his personal possession and that his clean antecedent warranted bail. The court, considering his role as driver, lack of direct possession, and short period of custody, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS and other standard bail conditions.
Issues considered
- Whether bail should be granted to the accused driver under Sections 274, 275 of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the accused’s lack of direct possession and clean antecedent justify bail under Section 480(3) of the BNSS.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Bihar Negotiable Substances (or similar) Act — s. 480(3)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- excise offences
- driver
- clean antecedent
- Section 480(3)
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32378 of 2026
Arising Out of PS. Case No.-178 Year-2026 Thana- PURNEA SADAR District- Purnia
======================================================
Raushan Kumar Gautam S/o Kailash Ram R/o vill- Bhatwara, Thana- Korha,
District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mrs.Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Sadar P.S. Case No. 178 of 2026, registered for
the offences under Sections 274, 275 of the BNS and Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, police received secret
information about transportation of illicit liquor on a pick-up
vehicle concealing it under potato sacks. The said vehicle was
identified and intercepted after chase and this petitioner and
coaccused Md. Riyaz were apprehended. On search of the
vehicle, recovery of 1131.660 litres of foreign liquor was made
apart from potatoes weighing 720 kilos and mobile phones from
the petitioner.
Patna High Court CR. MISC. No.32378 of 2026(2) dt.12-05-2026
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4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case. Nothing incriminating has been
recovered from the conscious possession of the petitioner. The
petitioner is driver of the Mahindra pick-up vehicle and he
works on daily wages. He was handed over the vehicle by one
Hasrat and was directed to leave it near some petrol pump. The
petitioner was having no knowledge about consignment of
liquor kept concealed behind the potato sacks. The petitioner
has no criminal antecedent and he is in custody since
04.04.2026.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
fact that petitioner is said to be the driver of the vehicle and also
considering his clean antecedent and period of custody of the
petitioner, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge (Excise-I),
Purnea/concerned court, in connection with Sadar P.S. Case No.
Patna High Court CR. MISC. No.32378 of 2026(2) dt.12-05-2026
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178 of 2026, subject to the condition laid down under Section
480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(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)
Anuradha/-
U T
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