Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42078 of 2026 Arising Out of PS. Case No.-44 Year-2022 Thana- BAISI District- Purnia ====================================================== Raushan Kumar Son of Sanjay Prasad Sah Resident of Bhadas Uttari, P.S.- Mufassil (Gangaur), District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Adv.

For the Opposite Party/s :

Mrs .Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Baisi P.S. Case No. 44 of 2022 lodged on 12.02.2022, for the offence punishable under Sections 272, 273 of the Indian Penal Code and sections 30(a)/41/47 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution, total recovery of 46.620 litres of illicit liquor has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.42078 of 2026(2) dt.01-07-2026 2/3 submits that nothing has been recovered from the conscious possession of the petitioner and the alleged recovery has been made from the motorcycle. Counsel further submits that the name of the petitioner has come in this case only due to the reason that he is the owner of the seized motorcycle. He further submits that the petitioner has clean antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive Special Excise Judge, Court no.1, Purnea, in connection with Baisi P.S. Case No. 44 of 2022, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.

7. The Trial Court is directed to verify the criminal antecedent(s) of the petitioner, and in case, it is found at any stage that the petitioner has concealed the fact about his criminal antecedent(s), the Trial Court shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of the bail

Patna High Court CR. MISC. No.42078 of 2026(2) dt.01-07-2026 3/3 bond in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification. (Dr. Anshuman, J) Divyansh/- U T