Patna High Court
Raushan Kumar @ Raushan PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent, with the order to be confirmed if no prior criminal case is found.
Summary
The petitioner, Raushan Kumar, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged seizure of 92.100 litres of liquor from an E‑rickshaw he owned. He argued that he had no knowledge of the liquor being in the vehicle, which was rented to a person named Vimla who was apprehended at the spot. The petitioner, with a clean antecedent, sought anticipatory bail, contending that ownership of the vehicle alone should not create criminal liability. The State opposed the bail. The High Court granted provisional anticipatory bail, subject to a bail bond of Rs. 500 with two sureties and conditioned on verification of the petitioner’s antecedent by the trial court; if any prior case is found, the bail would not be confirmed. Upon verification of a clean record, the provisional bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act given the circumstances of ownership and alleged lack of knowledge.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for granting anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- vehicle ownership
- clean antecedent
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89338 of 2025
Arising Out of PS. Case No.-223 Year-2025 Thana- BAJPATTI District- Sitamarhi
======================================================
Raushan Kumar @ Raushan Paswan S/o- Pitambar Paswan Resident of
Village- Bahera Ward No 02 PS- Nanpur District- Sitamadhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 92.100 liters of liquor from an E-rickshaw.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.89338 of 2025(3) dt.22-01-2026
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Vimla would misuse the vehicle in the manner as alleged whom
petitioner had given the E-rickshaw on rent who was also
apprehended from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Bajpatti
P.S. Case No. 223 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.89338 of 2025(3) dt.22-01-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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