Patna High Court

Rajesh Raushan @ Rajesh RoushanversusThe State of Bihar

Decided: 6 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Rajesh Raushan, was arrested in connection with the recovery of 4,192 litres of illicit liquor and charged under Section 317(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He had been in custody since 27‑12‑2025 and applied for bail, asserting his innocence and offering to donate Rs.10,000 to a charitable organization. The State opposed the bail application. The Court, after considering the facts and the petitioner’s willingness to furnish bail bonds and a charitable donation, granted bail subject to a Rs.10,000 bond with two sureties, a further Rs.10,000 deposit with Ramakrishna Mission Ashram, and monthly attendance at the police station. The order expressly limited its effect to the bail application and did not prejudice the merits of the trial.

Issues considered

Whether bail should be granted to the accused in offences under Section 317(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Whether the conditions imposed by the Court are sufficient to ensure the accused’s attendance and prevent tampering with evidence.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)
BNS — s. 317(5)

Subjects

bail
illicit liquor
Bihar Prohibition and Excise Act
BNS
criminal procedure
conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8688 of 2026
                    Arising Out of PS. Case No.-552 Year-2025 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Rajesh Raushan @ Rajesh Roushan S/o Pramod Singh Resident of village-
                 Baidyanathpur, Khanpur, PS- Ahiyapur, Distt- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjeet Kumar
                                                  Mr. Kanishk Kaustubh
                 For the Opposite Party/s :       Mr.Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   06-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Minapur P.S. Case No. 552 of 2025 registered for the offence

                   under Section 317(5) of the BNS and under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016.

                                 3. The recovery is of 4192 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 27.12.2025.

                                  5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 10,000/- in some charitable

                   organization without accepting his guilt.

                                  6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.8688 of 2026(4) dt.06-04-2026
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          prayer for bail of the petitioner.

                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioner, let

          the petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Excise Court No. 1, Muzaffarpur/concerned Court

          below in connection with Minapur P.S. Case No. 552 of 2025,

          G.R. No. 965 of 2025.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 10,000/- in

          Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.

                          9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Ahiyapur Police Station on first Sunday of each month. Any

          default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                          10. It is, however, clarified that the observations

          made herein are limited to the adjudication of the present bail
          Patna High Court CR. MISC. No.8688 of 2026(4) dt.06-04-2026
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                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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