Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34736 of 2026 Arising Out of PS. Case No.-69 Year-2026 Thana- SUPPI District- Sitamarhi ====================================================== Raushan Kumar Son of Shambhu Ram Resident of Village -Gamhariya PSSuppi District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, ADV For the Opposite Party/s :

Mr.Suresh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 20-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The Petitioner is apprehending his arrest in connection with Suppi P.S. Case No. 69 of 2026 registered for the offences punishable under Section 30 (a) Bihar Prohibition & Excise (Amendment) Act.

3. As per the prosecution case, allegedly total quantity of 46.2 liters of Nepali liquor was recovered from two persons Raj Kumar and Sonu Kumar, who were found seated on a motorcycle and between them a bag containing the said liquor was kept. It has been alleged that the arrested accused persons confessed the name of the petitioner and had further confessed their guilt that they were going to supply the recovered liquor to petitioner and co-accused Ranjit Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot. It has further been submitted that the name of the petitioner transpired on the

Patna High Court CR. MISC. No.34736 of 2026(2) dt.20-05-2026 2/2 basis of the statements of the apprehended co-accused persons. It has further been submitted that the petitioner is not the owner of the motorcycle in question. It has further been submitted that the procedure prescribed under Section 105 of the BNSS has not been followed. Lastly, it has been submitted that the petitioner has got no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, in connection with Suppi P.S. Case No. 69 of 2026, subject to conditions as laid down under section 482(2) of the B.N.S.S.

7. This application stands allowed.

niku/aarti/- (Praveen Kumar, J) U T