Patna High Court
Raushan Kumar Yadav @ Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied as the Court was not inclined to grant it given the quantum of illicit liquor recovered.
Summary
The petitioner, Raushan Kumar Yadav, sought anticipatory bail fearing arrest in a case (PS Case No. 491 of 2025) concerning alleged recovery of 4,462.905 liters of illicit liquor under the Bihar Prohibition and Excise Amendment Act, 2022. The prosecution alleged offences under Sections 30(a), 38(1) and 41(1) of the Act. The petitioner claimed innocence and alleged false implication. The Court considered the large quantum of liquor recovered and the seriousness of the offences. Concluding that the circumstances did not merit anticipatory bail, the Court dismissed the application and ordered the petitioner to surrender for regular bail. The order was pronounced by Justice Sandeep Kumar on 3 July 2026.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bihar Prohibition and Excise Amendment Act, 2022.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 38(1), 41(1)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Amendment Act
- criminal procedure
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33599 of 2026
Arising Out of PS. Case No.-491 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Raushan Kumar Yadav @ Raushan Kumar son of Bhagawat Yadav @
Bhagawat yawak Resident of village- Mahadeva PS- Phulparas District
-Madhubani
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nitu Kumari
Mr. Jitendra Kumar Bharti
For the Opposite Party/s : Mr. Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Phulparas P.S. Case No. 491 of 2025 registered
for the offence under Sections 30(a), 38(1), 41(1) of the Bihar
Prohibition and Excise Amendment Act, 2022.
3. As per the prosecution case, the recovery is of
4462.905 liters of illicit liquor.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case.
5. Considering the quantum of recovery, this Court
is not inclined to grant anticipatory bail to the petitioner.
Patna High Court CR. MISC. No.33599 of 2026(2) dt.03-07-2026
2/2
Accordingly, this application is dismissed.
6. The petitioner is directed to surrender in the
Court below within two weeks from today and pray for regular
bail.
(Sandeep Kumar, J)
Vikas/-
U
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