Patna High Court
RAUSHAN KUMAR @ ROSHAN KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail is to be granted to the petitioner subject to a bond of Rs.5,000 and two sureties.
Summary
The petitioner, Raushan Kumar, was arrested in connection with the alleged recovery of 520 litres of spirit from a car and charged under Sections 30(a), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Amendment Act, 2022. He has been in custody since 12 May 2026 and has a prior case under the Excise Act. The petitioner argued that he was not arrested at the spot, no spirit was found in his conscious possession, and he is not the owner of the seized vehicle, contending that the investigation was based on secret information. The State opposed the bail application. The Court, after considering the submissions and the period of custody, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, directing compliance with the trial court.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Amendment Act, 2022 given the nature of the alleged offences and the circumstances of arrest.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32(3), 41(1), 41(2)
Subjects
- bail
- excise
- prohibition
- criminal procedure
- seizure
- possession
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43905 of 2026
Arising Out of PS. Case No.-358 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
RAUSHAN KUMAR @ ROSHAN KUMAR S/o BULLI CHAUHAN R/o
vill - Jamuaa @ Jamua, P.S.- Madanpur, Distt. - Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Magan Kumar
For the Opposite Party/s : Mr. Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a), 32(3), 41(1) and
41(2) of Bihar Prohibition and Excise Amendment Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and is
in custody since 12.05.2026 and allegation is of recovery of 520
litres of spirit from a car. It is next submitted that petitioner was
not arrested from the spot as such nothing was recovered from
his conscious possession and is not the owner of the seized car
and he came to be implicated based on secret information which
is the easiest way to implicate someone, without holding a
proper investigation.
Patna High Court CR. MISC. No.43905 of 2026(2) dt.03-07-2026
2/2
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the
period of custody, the petitioner above-named, is directed to be
released on bail on furnishing bail bonds of Rs.5000/- (Rupees
five thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Excise P.S. Case
No.358 of 2026.
(Satyavrat Verma, J)
amit/-
U T
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