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Patna High Court

Raja Ram RaushanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and specified conditions.

Summary

Raja Ram Raushan was arrested on 26 March 2026 in connection with an excise case involving the alleged seizure of 318 litres of Nepali liquor. He was charged under Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition & Excise Act. The petitioner pleaded that he has a clean antecedent, was not the owner of the tempo from which the liquor was seized, and that the seizure was recorded by police witnesses in violation of Sections 103 and 105 of the BNSS, 2023. The State opposed bail, but the court noted the lack of possession by the petitioner and the procedural lapses. Accordingly, the court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence or witnesses, and verification of antecedents. The bail order was made without delay for antecedent verification.

Issues considered

  • Whether the petitioner is entitled to bail despite the charges under the Bihar Prohibition & Excise Act.
  • Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants bail.
  • Whether the petitioner’s clean antecedent and lack of possession of the seized liquor affect the bail decision.

Legislation cited

Subjects

  • bail
  • excise
  • seizure
  • clean antecedent
  • procedural compliance
  • Bihar Prohibition & Excise Act
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33501 of 2026
                  Arising Out of PS. Case No.-65 Year-2026 Thana- Excise Jhanjharpur District- Madhubani
                 ======================================================
                 Raja Ram Raushan Son of Late Bateshwar Sah Resident of Village
                 -Jolhaniya, Ward No 04, PS- Pipra, Distt -Supaul

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ratnakar Jha, Advocate
                 For the Opposite Party/s :        Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   14-05-2026                     Heard Mr. Ratnakar Jha, learned counsel for the

                   petitioner and Mr. Parmanand Prasad, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   26.03.2026, in connection with Excise Jhanjharpur P.S. Case

                   No. 65 of 2026, F.I.R. dated 26.03.2026 registered for the

                   offences punishable under Sections 30(a), 32(1), 32(3) of the

                   Bihar Prohibition & Excise Act.

                                3. Recovery is of 318 litres of Nepali liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.                 He further submits that it

                   appears from the F.I.R. as well as seizure list that nothing has

                   been recovered from the conscious possession of the petitioner

                   rather recovery has been made from the Tempo in question and
Patna High Court CR. MISC. No.33501 of 2026(2) dt.14-05-2026
                                            2/3




          the petitioner is not the owner of the Tempo in question. It

          appears from the seizure list that the seizure list witnesses are

          police personnel so there is non-compliance of Sections 103 and

          105 of BNSS, 2023             and the petitioner is in custody since

          26.03.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedents and

          nothing has been recovered from the conscious possession of

          the petitioner and there is non-compliance of Sections 103 and

          105 of the BNSS, 2023, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of        learned       Exclusive Special Judge Excise,

          Madhubani, in connection with Excise Jhanjharpur P.S. Case

          No. 65 of 2026, subject to the following conditions :-

                        (1) Petitioner 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 his absence on two consecutive dates without sufficient
               Patna High Court CR. MISC. No.33501 of 2026(2) dt.14-05-2026
                                                           3/3




                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             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)
Ibrar//-

U          T


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