Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court held that anticipatory bail should be granted to the petitioners subject to the conditions imposed under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioners, Raushan Kumar and Chandan Kumar, sought anticipatory bail after being implicated in a 2018 case (PS No. 256) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, based on a co-accused’s statement that they supplied 10 litres of Mahua liquor. The petitioners argued they had no ownership of the motorcycle from which the liquor was recovered, no criminal record, and no possession of the liquor at the time of the incident. The State opposed the bail, contending that the petitioners were named in the FIR and therefore could not escape liability. The court considered the clean antecedent of the petitioners, the lack of direct evidence linking them to the seized liquor, and the fact that they were not present at the scene. Accordingly, the court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. despite being named in the FIR.
- Whether the co-accused’s statement alone suffices to establish a prima facie case against the petitioners.
- Whether the petitioners' clean antecedent and lack of possession justify the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- bail bond
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8775 of 2026
Arising Out of PS. Case No.-256 Year-2018 Thana- ALAMGANJ District- Patna
======================================================
1. Raushan Kumar S/O Harendra Rai R/O Village- Terasiya, P.S- Ganga
Bridge, District - Hajipur.
2. Chandan Kumar S/O Upindar Ray @ Opendar Rai R/O Village- Terasiya,
P.S- Ganga Bridge, District - Hajipur.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Adv.
For the State : Mr. Kumar Ranjit Ranjan, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Alamganj P.S. Case No. 256 of 2018 registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. As per prosecution case, there is alleged recovery
of 10 litre Mahua liquor from motorcycle in question and
apprehended co-accused Pappu Kumar disclosed that petitioners
and co-accused Ramesh Kumar had given the said liquor to him.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence as
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alleged in the FIR. He further submits that except disclosure of
apprehended co-accused Pappu Kumar, there is nothing on
record to connect the present petitioner with the alleged
occurrence. Petitioners are not owner of the motorcycle in
question. Petitioners bear no criminal antecedent. He further
submits that nothing has been recovered from conscious
possession of the petitioners. Petitioners were not found at the
place of occurrence. Petitioners have no concern with the seized
liquor. In the light of the aforesaid facts and circumstances of
the case, no case is made out against the petitioners under the
provisions of Bihar Prohibition and Excise Act.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners and submits that
petitioners are named in the FIR and hence, they cannot escape
from the allegation made in the FIR.
6. Considering the facts and circumstances of the
case, keeping in view clean antecedent of petitioners,
petitioners were not found at the place of occurrence, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioners
above-named, in the event of their arrest or surrender before the
learned trial court within a period of six weeks from today, be
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released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Court of Excise, Patna City in connection with Alamganj P.S.
Case No. 256 of 2018, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Alok Kumar Pandey, J)
shahzad/-
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