Patna High Court

Raushan KumarversusThe State of Bihar

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

Holding

The court held that bail should be granted to the petitioner subject to specified conditions.

Summary

The petitioner, Raushan Kumar, was arrested in connection with an excise case alleging possession of 150 litres of liquor, violating Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. He claimed he was falsely implicated, had no incriminating article in his possession, no link to the vehicle from which liquor was recovered, and no prior criminal record. The State opposed bail, but the court noted the lack of direct evidence against him and the period of custody already served. The court also observed that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 was not applicable. Consequently, the court granted bail on a Rs.15,000 bond with two sureties, imposing conditions that one bailor be a close family member and that the petitioner appear at every trial date, with cancellation possible after two consecutive defaults. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

Whether bail should be granted to the petitioner in view of the alleged offences under the Bihar Prohibition and Excise Act.
Whether Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 applies to deny bail.
Whether the petitioner poses a risk of fleeing or tampering with evidence.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
false implication
surety
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8082 of 2026
                       Arising Out of PS. Case No.-2468 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Raushan Kumar S/o Arjun Prasad Resident of East Ramkrishnagar, ward no.
                 30, PS- Ramkrishnagar, Distt.- Patna
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Roshan Kumar, Advocate
                 For the Opposite Party/s :         Mr. Ramesh Chandra, APP
                 ======================================================
                 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 Excise

                   P.S. Case No. 2468 of 2025 instituted for the offences

                   punishable under Section 30(a), 41, 56(b) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 150 litres

                   of liquor was recovered from tempo.

                               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. Learned counsel further submitted

                   that petitioner is in no manner connected with the vehicle in

                   question or the alleged recovery of liquor. The petitioner is in

                   custody since 23.10.2025 and has no criminal antecedent. There
           Patna High Court CR. MISC. No.8082 of 2026(2) dt.10-02-2026
                                                       2/2




                     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 Excise P.S. Case No.

                     2468 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

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

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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