Patna High Court

Raushan KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that, given the lack of direct evidence and the petitioner’s clean record, bail should be granted subject to standard conditions.

Summary

The petitioner, Raushan Kumar, was arrested as a driver when 160 litres of illicit country-made liquor were seized from his vehicle. He claimed innocence, asserting no knowledge of the contraband and no incriminating material was found in his possession. The petitioner had been in custody since 5 December 2025 and had no prior criminal record, while the prosecution argued the recovery of liquor under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The State opposed bail, but the court noted the lack of direct evidence against the petitioner and the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Consequently, the court granted bail on a bond of Rs. 15,000 with two sureties, imposing conditions on appearance, non‑tampering with evidence, and non‑intimidation of witnesses.

Issues considered

Whether bail should be granted to the accused driver in a case under the Bihar Prohibition and Excise Act
Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with
Whether the absence of incriminating material in the accused's possession justifies bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
illicit liquor
driver
Section 30
Section 32
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7731 of 2026
                  Arising Out of PS. Case No.-1040 Year-2025 Thana- EXCISE DANAPUR District- Patna
                 ======================================================
                 Raushan Kumar S/O Late Binod Rai R/o- Village Dumariya, Ward no 01, P.s.-
                 Bihta, Dist.- Patna
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ghanshyam Tiwary, Advocate
                 For the Opposite Party/s :      Mr.Ramesh Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Spl.

                   Case No. 2415 of 2025, arising out of Danapur Excise P.S. Case

                   No. 1040 of 2025, instituted for the offences punishable under

                   Sections 30(a) and 32(3)of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 160

                   liters of country made liquor was recovered from Tampoo.

                   Petitioner was arrested on the 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 has got

                   no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.7731 of 2026(2) dt.10-02-2026
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          further submitted that the petitioner is driver of the vehicle and

          he has no knowledge regarding the goods loaded in the vehicle.

          The petitioner is in custody since 05.12.2025 and has 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 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/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Spl. Case No. 2415

          of 2025, arising out of Danapur Excise P.S. Case No. 1040 of

          2025, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the
           Patna High Court CR. MISC. No.7731 of 2026(2) dt.10-02-2026
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                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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