Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 336(3), 338, 3(5), 61(2)
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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