Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19482 of 2026 Arising Out of PS. Case No.-343 Year-2026 Thana- Excise P.S. District- Muzaffarpur ====================================================== Raushan Kumar S/O Kamkhya Ram @ Kamkhaya Ram R/O VillageBahlolpur, P.S- Paru, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priyesh Kumar, Advocate For the State :

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-03-2026 Heard Mr. Priyesh Kumar, learned counsel for the petitioner and Mr. Braj Kishore Pd., learned APP for the State.

2. Petitioner seeks bail, who is in custody since 20.02.2026, in connection with Excise P.S. Case No. 343 of 2026, F.I.R. dated 19.02.2026 registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2016 (Amended 2018/2022).

3. Recovery is of 668.880 litres of foreign liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather recovery has been made from the vehicle in question and

Patna High Court CR. MISC. No.19482 of 2026(2) dt.31-03-2026 2/3 the petitioner is driver of the vehicle in question and he has no concern at all with the alleged recovery of illicit liquor or the vehicle in question. He further submits that there is noncompliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 20.02.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and nothing has been recovered from the conscious possession of the petitioner and there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-II, Muzaffarpur in connection with Excise P.S. Case No. 343 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.19482 of 2026(2) dt.31-03-2026 3/3 reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T