Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27711 of 2026 Arising Out of PS. Case No.-633 Year-2025 Thana- LALGANJ District- Vaishali ====================================================== Raushan Kumar Son of Naresh Sahni Resident of Village- Bilanpur (Laxmipur Narayanpur), P.S.- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Lalganj P.S. Case No. 633 of 2025 dated 16.12.2025 registered for the offence punishable under Section/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the police, acting on secret information about illegal liquor trade at village Bilanpur, conducted a raid, apprehended two persons while others escaped, and recovered 50 litres of illegal country-made liquor from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is next submitted that the apprehended two

Patna High Court CR. MISC. No.27711 of 2026(3) dt.06-05-2026 2/3 accused persons from whose possession, the seized liquor is said to have been recovered, are said to have disclosed the name of the petitioner, while nothing is said to have been recovered from the constructive possession of the petitioner. Lastly, it is submitted that the petitioner has one criminal antecedent in which he is on bail.

5. Learned APP for the State opposes the prayer for grant of anticipatory bail.

6. Regard being had to the submissions made by the parties and taking into consideration the fact that the name of the petitioner has transpired in this case on the basis of the disclosures made by the two apprehended accused persons and nothing incriminating has been recovered from the constructive possession of the petitioner, this Court is inclined to grant privilege of anticipatory bail to the petitioner.

7. Let the petitioner, above named, be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of four weeks from today 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 Excise Court No.1 -cum- District and Additional Session Judge, Vaishali at Hajipur in connection with

Patna High Court CR. MISC. No.27711 of 2026(3) dt.06-05-2026 3/3 Lalganj P.S. Case No. 633 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions:

(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document / personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) rishi/- U T