Patna High CourtCR. MISC./36380/2026bail rejected

Raushan Kumar @ Roshan Kumar Singh v. The State Of Bihar

2026-06-03Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36380 of 2026 Arising Out of PS. Case No.-257 Year-2022 Thana- BATHNAHA District- Sitamarhi ====================================================== Raushan Kumar @ Roshan Kumar Singh Son of Shyam Kishor Singh Resident of Village - Latipur, P.S.- Bathnaha, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Advocate For the Opposite Party/s :

Mr.Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-06-2026 The Court proceeding is being conducted through virtual mode.

2. Heard learned Counsel for the petitioner and learned APP for the State.

3. The petitioner is apprehending arrest in connection with Bathnaha P.S. Case No. 257 of 2022 registered on 09.09.2022 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

4. As per prosecution, total recovery of 34.8 liters illicit Nepali Liquor, loaded on a motorcycle, is the subject

Patna High Court CR. MISC. No.36380 of 2026(2) dt.03-06-2026 2/3 matter of the present case.

5. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has committed no offence. Nothing has been recovered from the conscious physical possession of the petitioner, but the name of petitioner has come in the present case only on the basis of confessional statement made by apprehended accused. Except confessional statement, no cogent material was found against the petitioner. Moreover, the petitioner has no concern either with the alleged liquor or with the motorcycle from which the alleged recovery was shown. However, one more criminal case is pending against the petitioner.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner is accused in one more criminal case of similar nature which suggests that he used to sell the illicit liquor.

7. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Bathnaha P.S. Case No. 257 of 2022, pending before the learned Exclusive Special Excise Judge-1, Sitamarhi is hereby rejected.

8. However, if the petitioner surrenders before the

Patna High Court CR. MISC. No.36380 of 2026(2) dt.03-06-2026 3/3 learned Trial Court within a period of four weeks from today, the Trial Court shall consider and pass an order on his surrendercum-bail application on the same day, in accordance with law, without being prejudiced by the rejection of the petitioner's anticipatory bail by this Court.

(Dr. Anshuman, J) Ashwini U T