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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a Rs.30,000 bond and conditions under the Bihar Narcotic Substances (Special) Act, 2023.

Summary

Petitioner Raushan Kumar was implicated in a case involving the seizure of 46.620 litres of illicit liquor, alleged to violate IPC sections 272 and 273 and the Bihar Prohibition and Excise Act, 2016. He argued that the liquor was recovered from a motorcycle he owned and that nothing was found in his personal possession, asserting his innocence and clean antecedent. The State opposed his bail application. The Patna High Court, after hearing both sides, granted bail on the condition of a Rs.30,000 bond under Section 2(1)(d) of the Bihar Narcotic Substances (Special) Act, 2023, and subject to Section 482(2) of the same Act. The Court directed the trial court to verify any undisclosed criminal antecedents and to cancel bail if concealment is found. The order emphasizes that bail acceptance should not be delayed pending verification.

Issues considered

  • Whether the petitioner is entitled to bail despite the alleged possession of illicit liquor recovered from his vehicle.
  • Whether ownership of the seized motorcycle suffices to implicate the petitioner under the relevant statutes.
  • Whether the bail provisions of the Bihar Narcotic Substances (Special) Act, 2023 apply to the offences under the IPC and Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • IPC 272
  • IPC 273
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42078 of 2026
                          Arising Out of PS. Case No.-44 Year-2022 Thana- BAISI District- Purnia
                 ======================================================
                 Raushan Kumar Son of Sanjay Prasad Sah Resident of Bhadas Uttari, P.S.-
                 Mufassil (Gangaur), District- Khagaria

                                                                                     ... ... Petitioner/s

                                                         Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md Fazle Karim, Adv.
                 For the Opposite Party/s :        Mrs .Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   01-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Baisi P.S. Case No. 44 of 2022 lodged on 12.02.2022, for

                   the offence punishable under Sections 272, 273 of the Indian

                   Penal Code and sections 30(a)/41/47 of the Bihar Prohibition

                   and Excise Act, 2016.

                                3. As per the prosecution, total recovery of 46.620

                   litres of illicit liquor has been made, which is the subject matter

                   of the present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.42078 of 2026(2) dt.01-07-2026
                                            2/3




          submits that nothing has been recovered from the conscious

          possession of the petitioner and the alleged recovery has been

          made from the motorcycle. Counsel further submits that the

          name of the petitioner has come in this case only due to the

          reason that he is the owner of the seized motorcycle. He further

          submits that the petitioner has clean antecedent.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       6. In the present facts and circumstances of this case,

          let the above named petitioner be released on bail, in the event

          of arrest or surrender before the Trial Court within a period of 4

          weeks from today, on furnishing bail bond of Rs.30,000/-

          (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of

          the B.N.S.S., 2023 to the satisfaction of Exclusive Special

          Excise Judge, Court no.1, Purnea, in connection with Baisi P.S.

          Case No. 44 of 2022, subject to the conditions as laid down U/s

          482(2) of the B.N.S.S., 2023.

                       7. The Trial Court is directed to verify the criminal

          antecedent(s) of the petitioner, and in case, it is found at any

          stage that the petitioner has concealed the fact about his criminal

          antecedent(s), the Trial Court shall take steps for cancellation of

          bail bond of the petitioner. However, the acceptance of the bail
             Patna High Court CR. MISC. No.42078 of 2026(2) dt.01-07-2026
                                                         3/3




                       bond in terms of the above-mentioned order shall not be delayed

                       for the purpose of or in the name of verification.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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