Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90552 of 2025 Arising Out of PS. Case No.-715 Year-2025 Thana- Excise P.S. District- Lakhisarai ====================================================== 1.

Raushan Kumar Son of Devendra Prasad Singh @ Debu Singh @ Devendra Singh Resident of Village - Pratappur, Police Station - Barahiya, District - Lakhisarai.

2.

Saurabh Kumar Son of Dayanand Mahto Resident of Village - Tahadiya, Police Station - Barahiya, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Mr.Kanhiya Kishor, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Lakhisarai Excise P.S. Case No. 715C2 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 46 liters of country made liquor was recovered from motorcycle.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.90552 of 2025(2) dt.12-01-2026 2/2 got no concern with the alleged recovery of liquor. The petitioners were on their way home when they were intercepted by the Police, when they failed to produce any document regarding the motorcycle they were implicated in this case. The petitioners are in custody since 02.11.2025. The petitioner No.1 has one criminal antecedent and petitioner No.2 has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lakhisarai Excise P.S. Case No. 715C2 of 2025.

(Rudra Prakash Mishra, J) manish/- U T