Patna High Court

Raushan KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that, given the petitioner’s lack of direct possession of the seized liquor, the period of custody already endured, and the bail granted to the co‑accused, bail should be granted.

Summary

The petitioner, Raushan Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 477 litres of liquor were seized, of which 45 litres were found in his bathroom. He claimed innocence, arguing that no liquor was recovered from his conscious possession and that the seizure occurred in a joint family house. The prosecution opposed bail, while the petitioner highlighted the lack of incriminating material, his two prior criminal antecedents, and the fact that the co‑accused had already been granted bail. The court considered the length of custody since 5 December 2025, the absence of direct evidence against the petitioner, and the bail granted to the co‑accused. Accordingly, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs 15,000 with two sureties of equal amount.

Issues considered

Whether the petitioner is entitled to bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the duration of custody and lack of direct possession of the seized liquor justify granting bail.

Legislation cited

B.N.S.S., 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
liquor seizure
criminal procedure
Section 103
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4813 of 2026
                     Arising Out of PS. Case No.-448 Year-2025 Thana- RAJAPAKAR District- Vaishali
                 ======================================================
                 Raushan Kumar Son of Late Gaya Rai Resident Of Village - Bakhari Barai,
                 Ward No. 7, P.S. - Rajapakar, Dist. - Vaishali.

                                                                                   ... ... Petitioner/s
                                          Versus
                 The State of Bihar                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shivjee Singh, Advocate
                 For the Opposite Party/s :       Mr.Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Rajapakar P.S. case No.

                   448 of 2025 instituted for the offences under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 477 liters

                   liquor was        recovered out of which 432 liters liquor was

                   recovered from poultry farm of co-accused and 45 liters liquor

                   was recovered from bathroom of petitioner and the petitioner

                   was arrested on spot.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case.       No incriminating material has been recovered

                   from the conscious possession of the petitioner. The petitioner
           Patna High Court CR. MISC. No.4813 of 2026(2) dt.28-01-2026
                                                       2/2




                     has got no concern with the alleged recovery of liquor. It is

                     further submitted that alleged recovery is made from the joint

                     house of the petitioner where other family members also reside.

                     The petitioner is in custody since 05.12.2025 and has got two

                     criminal antecedents. There is no compliance of Section 103 of

                     B.N.S.S., 2023. Co-accused has been granted bail by this Bench

                     vide order dated 19.01.2026 passed in Cr. Misc. No. 89895 of

                     2025.

                                 5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Rajapakar P.S. case

                     No. 448 of 2025.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

Continue reading with your account

Checking your session…