IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19553 of 2026 Arising Out of PS. Case No.-311 Year-2026 Thana- Excise P.S. District- Muzaffarpur ====================================================== Raushan Kumar son of Shibu Mahto Resident Of Village- Sherpur Kaistha Tola, Ward no. 07, Ps- Sadar, Dist- Muzaffarpur ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Ms. Nitu Kumari, Advocate For the Opposite Party/s : Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 31-03-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 14.02.2026 in connection with Muzaffarpur Excise (Utpad) P.S. Case No. 311 of 2026 for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. The prosecution story, in brief, is that the informant who is S.I. of Excise P.S. namely, Niraj Kumar has submitted his written application before S.H.O. Excise Muzaffarpur on 14.2.2026 alleging therein that on 14.2.2026 he got secret information that one Raushan Kumar (petitioner) resident of Sherpur Kaisth tola has kept liquor in his old house courtyard (Darwaja). It is further alleged that on such information he along with other police persons reached at the place. It is further alleged that seeing the police one person wanted to flee but apprehended by police on query apprehend person disclosed his name Raushan Kumar ( petitioner), on search, in the front of old house courtyard (Darwaja) total 204 liters 120 milliliters of Patna High Court CR. MISC. No.19553 of 2026(2) dt.31-03-2026 2/3 foreign liquor was recovered. It is further alleged that in the presence of police seizure list was prepared. 4. Learned counsel for the petitioner submits that from bare perusal of the FIR it appears that nothing has been recovered from the conscious possession of the petitioner and recovery has been made from an old house courtyard (darwaja) and petitioner has been made an accused in this case on the basis of suspicion and altogether 204 liters 120 milliliters of foreign liquor was recovered. It is next submitted that there is non-compliance of mandatory provisions of Sections 103 and 105 of BNSS, 2023. Learned counsel for the petitioner further submits that petitioner is in custody since 14.02.2026. 5. The learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that he has antecedent of two cases other than the present case but fairly submits that the petitioner is on bail in these cases. 6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Muzaffarpur in connection with Patna High Court CR. MISC. No.19553 of 2026(2) dt.31-03-2026 3/3 Muzaffarpur Excise (Utpad) P.S. Case No. 311 of 2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be canceled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Gaurav Sinha/- (Rajesh Kumar Verma, J) U T