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Patna High Court

Raushan Kumar GautamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         3/3




                       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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