Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Raushan Kumar, sought anticipatory bail after the police alleged his involvement in the illegal possession and supply of 46.2 litres of Nepali liquor under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act. The prosecution’s case was based on the confession of two co‑accused who claimed they would deliver the seized liquor to the petitioner. The petitioner contended that he was not present at the spot, did not own the motorcycle used, and that the procedural safeguards of Section 105 of the BNSS were not observed; he also highlighted his clean criminal record. The State opposed the bail, arguing the seriousness of the offence. The court, after considering the facts and the nature of the allegations, ordered that the petitioner be granted anticipatory bail if he surrenders within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 105 of the BNSS in view of the alleged offence under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act.
- Whether the procedural requirements of Section 105 of the BNSS were complied with.
- Whether the petitioner’s lack of criminal antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition & Excise (Amendment) Act — s. 30(a)
- B.N.S.S. — s. 105, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition & Excise Act
- illegal liquor
- Section 30(a)
- Section 105
- Section 482(2)
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34736 of 2026
Arising Out of PS. Case No.-69 Year-2026 Thana- SUPPI District- Sitamarhi
======================================================
Raushan Kumar Son of Shambhu Ram Resident of Village -Gamhariya PS-
Suppi District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushpendra Kumar Singh, ADV
For the Opposite Party/s : Mr.Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in
connection with Suppi P.S. Case No. 69 of 2026 registered for
the offences punishable under Section 30 (a) Bihar Prohibition
& Excise (Amendment) Act.
3. As per the prosecution case, allegedly total quantity
of 46.2 liters of Nepali liquor was recovered from two persons
Raj Kumar and Sonu Kumar, who were found seated on a
motorcycle and between them a bag containing the said liquor
was kept. It has been alleged that the arrested accused persons
confessed the name of the petitioner and had further confessed
their guilt that they were going to supply the recovered liquor to
petitioner and co-accused Ranjit Kumar.
4. Learned counsel for the petitioner has submitted
that the petitioner was not arrested at the spot. It has further
been submitted that the name of the petitioner transpired on the
Patna High Court CR. MISC. No.34736 of 2026(2) dt.20-05-2026
2/2
basis of the statements of the apprehended co-accused persons.
It has further been submitted that the petitioner is not the owner
of the motorcycle in question. It has further been submitted that
the procedure prescribed under Section 105 of the BNSS has not
been followed. Lastly, it has been submitted that the petitioner
has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
in connection with Suppi P.S. Case No. 69 of 2026, subject to
conditions as laid down under section 482(2) of the B.N.S.S.
7. This application stands allowed.
niku/aarti/- (Praveen Kumar, J)
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.