Allowed¶21

Raushan Kumar v. The State of Bihar

Patna HC20 May 2026CR. MISC./34736/2026

Case brief

AI extract

What is this about?

Anticipatory bail; Bihar Prohibition & Excise (Amendment) Act S.30(a); BNSS S.105 procedure contention; B.N.S.S. s.482(2) conditions; Suppi P.S. Case No. 69 of 2026, Sitamarhi; Nepali liquor recovery 46.2 liters; petitioner named by apprehended co-accused; no criminal antecedent; bail bond Rs. 10,000 with two like sureties; surrender/arrest window six weeks; Patna High Court; Praveen Kumar, J; Raushan Kumar v. State of Bihar.

What did the court decide?

Anticipatory bail granted: petitioner to be enlarged on bail, on arrest/surrender within six weeks, 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 under section 482(2) of the B.N.S.S. ¶21

Raushan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in connection with Suppi P.S. Case No. 69 of 2026 registered for offences under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, should be released on anticipatory bail.

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Court's answer

Considering the facts, circumstances and the nature of allegation against the petitioner, the Court enlarged him on anticipatory bail in the event of arrest/surrender within six weeks, on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions laid down under section 482(2) of the B.N.S.S.; the application stands allowed.

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Detailed headnote1 paragraphs

Anticipatory bail granted - Patna High Court (Criminal Miscellaneous No.34736 of 2026, decided 20-05-2026, Praveen Kumar, J): Raushan Kumar, apprehending arrest in Suppi P.S. Case No. 69 of 2026, Sitamarhi, registered for offences under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, following alleged recovery of 46.2 litres of Nepali liquor from co-accused Raj Kumar and Sonu Kumar, who allegedly confessed they were to supply the recovered liquor to the petitioner and co-accused Ranjit Kumar. Counsel for the petitioner contended that the petitioner was not arrested at the spot, that his name transpired only from statements of the apprehended co-accused, that he was not the owner of the motorcycle, that the procedure prescribed under Section 105 of the BNSS had not been followed, and that he had no criminal antecedents. Considering the facts, circumstances and nature of allegation, the petitioner was directed to be enlarged on anticipatory bail on arrest/surrender within six weeks, on furnishing a 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, subject to conditions laid down under section 482(2) of the B.N.S.S. Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34736 of 2026

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Arising Out of PS. Case No.-69 Year-2026 Thana- SUPPI District- Sitamarhi

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======================================================

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Raushan Kumar Son of Shambhu Ram Resident of Village -Gamhariya PSSuppi District- Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pushpendra Kumar Singh, ADV For the Opposite Party/s : Mr.Suresh Prasad Singh, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER

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2 20-05-2026

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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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.

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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.

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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

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Patna High Court CR. MISC. No.34736 of 2026(2) dt.20-05-2026 2/2

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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.

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

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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.

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7. This application stands allowed.

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niku/aarti/-

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(Praveen Kumar, J)

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U T

Raushan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Raushan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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