Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
Petitioners Raushan Kumar and Saurabh Mandal were arrested on 23 March 2026 in connection with an excise case involving the seizure of 67.5 litres of foreign liquor, alleged to be in violation of Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016. They contend they are not the owners of the vehicle from which the liquor was recovered, have clean antecedents, and argue that the investigation failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, while the petitioners sought release pending trial. The High Court, after considering the facts and the alleged procedural lapses, granted bail to each petitioner on a bond of Rs.10,000 with two sureties, imposing conditions regarding family surety, cooperation with the trial, presence in court, and non‑tampering with evidence. The order also directed verification of any concealed criminal antecedent but stipulated that bail should not be delayed for that purpose.
Issues considered
- Whether bail should be granted to accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016.
- Whether alleged non‑compliance with Sections 103/105 of the BNSS, 2023 affects the grant of bail.
- Whether the petitioners' claim of non‑ownership of the vehicle containing the seized liquor is a ground for bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- foreign liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- non‑ownership
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32692 of 2026
Arising Out of PS. Case No.-405 Year-2026 Thana- Excise P.S. District- Gaya
======================================================
1. Raushan Kumar S/o Prahalad Mandal @ Prahalad Mahto R/o Village-
Chhutiya, P.S.- Naamkum, District- Ranchi, State - Jharkhand.
2. Saurabh Mandal S/o Rajdut Mandal R/o Village - Kantatoli, P.S - Lohar
Bazar, District - Ranchi, State - Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niranjan Parihar, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr. Niranjan Parihar, learned counsel for the
petitioners and Mr. Lakshmi Kant Sharma, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
23.03.2026 in connection with Excise P.S. Case No. 405 of
2026, F.I.R. dated 23.03.2026 for the offences punishable under
Sections 30(a) and 32(3) of Bihar Prohibition and Excise Act,
2016.
3. Recovery is of 67.500 liters of foreign liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. It appears from the FIR as well as
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seizure list that altogether 67.500 liters of foreign liquor has
been recovered from the car in question and these petitioners are
not the owner of the said car in question. He further submits that
there is non-compliance of Sections 103/105 of the BNSS,
2023. The petitioners are in custody since 23.03.2026.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Excise Court No.-III, Gaya in
connection with Excise P.S. Case No. 405 of 2026, subject to
the following conditions:-
i. One of the bailors shall be the family members of
the petitioners.
ii. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
iii. If the petitioners tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iv. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
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