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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Raushan Kumar, was arrested in connection with a special excise case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act after 100 litres of liquor were recovered from a public area. The petitioner contended that no liquor was found in his possession, he was falsely implicated, has no prior criminal record, and that the prosecution failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. Considering the lack of incriminating material against the petitioner, his clean record, the duration of his custody since 14‑12‑2025, and procedural lapses, the Court decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused in a special excise case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the prosecution complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
  • Whether the circumstances justify the release of the accused on bail.

Legislation cited

Subjects

  • bail
  • special excise
  • liquor seizure
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • Section 30(a)
  • Section 103
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5939 of 2026
                         Arising Out of PS. Case No.-941 Year-2025 Thana- MANER District- Patna
                 ======================================================
                 Raushan Kumar Son of Brij Nandan Saw @ Brijnandan Sav @ Bijnand Rai
                 R/o Village - Sherpur, P.S. - Maner, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mrs. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                    Heard Mr. Ashok Kumar Sinha, learned counsel for

                   the petitioner and Mrs. Renu Kumari, learned APP for the State.

                               2. The petitioner seeks bail in connection with Special

                   Excise Case No. 2457 of 2025 arising out of Maner P.S. Case

                   No. 941 of 2025 instituted for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 100 litres

                   of liquor has been recovered near bhatha.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made

                   from an open place which is accessible to public at large. The
           Patna High Court CR. MISC. No.5939 of 2026(2) dt.31-01-2026
                                                       2/2




                     petitioner has got no concern with the alleged recovery of

                     liquor. The petitioner is in custody since 14.12.2025 and has no

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarika Suraksha Sanhita, 2023.

                                5. Learned APP 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 as also 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/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Special Excise Case

                     NO. 2457 of 2025 arising out of Maner P.S. Case No. 941 of

                     2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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