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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners.

Summary

The petitioners, Raushan Kumar and Gauri Kumar, were arrested in connection with a liquor seizure case (Bochahan P.S. Case No. 293 of 2025) involving 1,593.36 liters of liquor, of which 963 liters were recovered from a Scorpio car. They were charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act, but claim they neither owned nor drove the vehicle and that no incriminating material was found in their possession. Their counsel argued that they are innocent, have no prior criminal record, and that the arrest lacks compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita. The State opposed bail. Considering the lack of direct evidence, the petitioners' clean record, and the period already spent in custody, the Court granted bail, ordering each petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioners despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act.
  • Whether the arrest of the petitioners complied with the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • liquor seizure
  • Bihar Prohibition and Excise Act
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • suspicion arrest
  • Section 103 compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5982 of 2026
                   Arising Out of PS. Case No.-293 Year-2025 Thana- BOCHAHAN District- Muzaffarpur
                 ======================================================
           1.     Raushan Kumar Son of Ganeshi Sah @Ganesi Sah Resident Of Village -
                  Berai, ps- Hathauri, Dist- Muzaffarpur
           2.    Gauri Kumar @ Ravi Gupta @ Gaudi Kumar son of Rajgir Sah Resident Of
                 Village - Berai, ps- Hathauri, Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Priyesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                            Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in connection with

                   Bochahan P.S. Case No. 293 of 2025, instituted for the offences

                   punishable under Sections 317(5), 338, 336(3), 61(2), 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023, read with Sections 30(a)

                   and 41(1) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 1593.36

                   liters liquor was recovered out of which 963 liters liquor was

                   recovered from Scorpio car.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the
             Patna High Court CR. MISC. No.5982 of 2026(2) dt.31-01-2026
                                                         2/2




                       present case. No incriminating material has been recovered from

                       the conscious possession of the petitioners. The petitioners have

                       got no concern with the alleged recovery of liquor. Learned

                       counsel for the petitioners also submitted that the petitioners are

                       neither owner nor driver of the car in question rather they have

                       been arrested only on the basis of suspicion. The petitioners are

                       in custody since 10.12.2025 and have got no criminal

                       antecedent. There is no compliance of Section 103 of the

                       Bharatiya Nagarik Suraksha Sanhita, 2023.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioners.

                                    6. Considering the aforesaid facts and circumstances

                       of the case and the period of custody undergone by the

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

                                    7. Let the petitioners be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

                       two sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Bochahan P.S. Case

                       No. 293 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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