Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners.
Summary
The petitioners, Raushan Kumar and Saurabh Kumar, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 46 litres of country-made liquor on a motorcycle. They claimed innocence, stating no incriminating material was found in their possession and that they were merely intercepted while returning home. The petitioners argued that the police failed to produce documents for the vehicle and that there was non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court considered the lack of direct evidence, the length of custody since 2 November 2025, and the petitioners' criminal records. Consequently, the court granted bail, ordering each petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail
Legislation cited
Subjects
- bail
- excise
- prohibition act
- Section 30(a)
- Section 103
- Bihar
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90552 of 2025
Arising Out of PS. Case No.-715 Year-2025 Thana- Excise P.S. District- Lakhisarai
======================================================
1. Raushan Kumar Son of Devendra Prasad Singh @ Debu Singh @ Devendra
Singh Resident of Village - Pratappur, Police Station - Barahiya, District -
Lakhisarai.
2. Saurabh Kumar Son of Dayanand Mahto Resident of Village - Tahadiya,
Police Station - Barahiya, District - Lakhisarai.
... ... 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.Kanhiya Kishor, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Lakhisarai Excise P.S. Case No. 715C2 of 2025, instituted for
the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 46 liters
of country made liquor was recovered from motorcycle.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.90552 of 2025(2) dt.12-01-2026
2/2
got no concern with the alleged recovery of liquor. The
petitioners were on their way home when they were intercepted
by the Police, when they failed to produce any document
regarding the motorcycle they were implicated in this case. The
petitioners are in custody since 02.11.2025. The petitioner No.1
has one criminal antecedent and petitioner No.2 has 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Lakhisarai Excise
P.S. Case No. 715C2 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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