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Patna High Court

Raushan Kumar @ Roshan Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the evidence was insufficient and the pending case indicated a likelihood of the petitioner’s involvement in illicit liquor offences.

Summary

The petitioner, Raushan Kumar, sought anticipatory bail in connection with a 2022 case alleging violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for possession of 34.8 litres of illicit Nepali liquor. The prosecution’s case relied solely on a confessional statement of another accused, with no material recovered from the petitioner’s possession. The petitioner argued innocence, asserting no link to the liquor or the motorcycle used in the alleged recovery, and highlighted the lack of any other evidence. The State opposed bail, noting a pending similar criminal case against the petitioner suggesting involvement in illicit liquor trade. The Court, finding the confessional statement insufficient to justify bail and concerned by the pending case, rejected the anticipatory bail application, directing the petitioner to surrender within four weeks for the trial court to consider a surrender‑cum‑bail application.

Issues considered

  • Whether anticipatory bail should be granted when the only evidence against the petitioner is a confessional statement of another accused.
  • Whether the existence of a pending similar criminal case warrants denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • criminal procedure
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36380 of 2026

                     Arising Out of PS. Case No.-257 Year-2022 Thana- BATHNAHA District- Sitamarhi
                 ======================================================
                 Raushan Kumar @ Roshan Kumar Singh Son of Shyam Kishor Singh
                 Resident of Village - Latipur, P.S.- Bathnaha, District - Sitamarhi

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

                                                                             ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Virendra Kumar, Advocate
                 For the Opposite Party/s :       Mr.Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN


                                                  ORAL ORDER


2   03-06-2026                   The Court proceeding is being conducted through

                   virtual mode.

                                 2. Heard learned Counsel for the petitioner and

                   learned APP for the State.

                                 3. The petitioner is apprehending arrest in connection

                   with Bathnaha P.S. Case No. 257 of 2022 registered on

                   09.09.2022 for the offences punishable under Section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2018.

                                 4. As per prosecution, total recovery of 34.8 liters

                   illicit Nepali Liquor, loaded on a motorcycle, is the subject
Patna High Court CR. MISC. No.36380 of 2026(2) dt.03-06-2026
                                            2/3




          matter of the present case.

                       5. It is submitted by the learned counsel for the

          petitioner that the petitioner is innocent and has committed no

          offence. Nothing has been recovered from the conscious

          physical possession of the petitioner, but the name of petitioner

          has come in the present case only on the basis of confessional

          statement made by apprehended accused. Except confessional

          statement, no cogent material was found against the petitioner.

          Moreover, the petitioner has no concern either with the alleged

          liquor or with the motorcycle from which the alleged recovery

          was shown. However, one more criminal case is pending against

          the petitioner.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that the petitioner is accused in

          one more criminal case of similar nature which suggests that he

          used to sell the illicit liquor.

                       7. In this background, this Court is not inclined to

          grant bail to the petitioner. Accordingly, the prayer for bail of

          the petitioner in connection with Bathnaha P.S. Case No. 257 of

          2022, pending before the learned Exclusive Special Excise

          Judge-1, Sitamarhi is hereby rejected.

                       8. However, if the petitioner surrenders before the
          Patna High Court CR. MISC. No.36380 of 2026(2) dt.03-06-2026
                                                      3/3




                    learned Trial Court within a period of four weeks from today,

                    the Trial Court shall consider and pass an order on his surrender-

                    cum-bail application on the same day, in accordance with law,

                    without being prejudiced by the rejection of the petitioner’s

                    anticipatory bail by this Court.



                                                (Dr. Anshuman, J)
Ashwini

U     T


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