Patna High Court
Raja Ram RaushanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition & Excise Act — s. 30(a), 32(1), 32(3)
- BNSS, 2023 — s. 103, 105
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
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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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