Raushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80101 of 2025 Arising Out of PS. Case No.-351 Year-2025 Thana- BAHERI District- Darbhanga ====================================================== Raushan Kumar S/o- Suresh Mahto R/O Village - Baheri,P.S - Baheri, District - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishor Prasad, Advocate For the Opposite Party/s :
Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner has antecedents of five cases and allegation is of recovery of 5.840 litres of liquor from the house of the petitioner. It is next submitted that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and the house in question is a joint family property, as such, it cannot be alleged with certainty that it was petitioner who had kept the liquor in the house or the liquor kept in the house was within his knowledge and he came to be
Patna High Court CR. MISC. No.80101 of 2025(2) dt.17-12-2025 2/3 implicated based on confessional statement of Punita Devi in police custody which does not have any evidentiary value. It is also submitted that Punita Devi is wife of the petitioner and she was made to confess the name of the petitioner since he was implicated earlier in cases relating to excise.
4. Learned A.P.P. opposes the anticipatory bail application.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge-I (Excise Act), Darbhanga in connection with Baheri P.S. Case No.351 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedents of more than five cases,
Patna High Court CR. MISC. No.80101 of 2025(2) dt.17-12-2025 3/3 then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner has antecedents of only five cases, in that event, the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Sanjay/- U T