Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as the recovery of illicit liquor was not made from his physical possession.
Summary
The petitioner, Raushan Kumar, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of illicit liquor, with 330 litres recovered from a car bearing registration No. BR2K-9692. The petitioner argued that the liquor was not in his conscious possession and that his name appeared only in a disclosure statement made by a co-accused driver, Manish Kumar. He also had a prior similar criminal antecedent for which he was on bail. The State opposed his prayer for anticipatory bail. The Court, noting the lack of direct possession and the circumstances of the recovery, directed that the petitioner be released on bail upon surrender, subject to a bail bond of Rs.10,000 and two sureties, under the conditions of Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner when the alleged illicit liquor was not found in his possession.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- excise law
- possession
- bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41964 of 2026
Arising Out of PS. Case No.-964 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Raushan Kumar, Son of Dinesh Yadav, Resident of village - Kewal, Police
Station - Gurpa, District – Gayaji ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Nawada Excise P.S.
Case No.964 of 2025 registered under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 330 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that the alleged recovery was made from a Car
bearing Registration No. BR2K-9692. It is further submitted
that nothing has been recovered from the conscious possession
of the petitioner. It is also pointed out that the name of the
petitioner surfaced solely on the disclosure statement made by
Patna High Court CR. MISC. No.41964 of 2026(2) dt.30-06-2026
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co-accused, apprehended on spot, namely, Manish Kumar,
alleging that he was the driver of the said Car. The petitioner
has one criminal antecedent of similar nature, in which, he is
on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this petitioner,
accordingly, the petitioner above-named, in the event of his
arrest or surrender in the court below within a period of four
weeks from today, is directed to 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
the learned Exclusive Special Excise Court-II, Nawada in
connection with Nawada Excise P.S. Case No.964 of 2025,
subject to the conditions as laid down under Section 438(2) of
the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
U T
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