Patna High Court
CR. MISC./48692/2026 of Raushan Kumar Paswan @ Raushan Kumar Vs The State of Bihar on 16 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48692 of 2026 Arising Out of PS. Case No.-46 Year-2026 Thana- RUDRAPUR District- Madhubani ====================================================== Raushan Kumar Paswan @ Raushan Kumar S/o Chandra Mohan Paswan R/o vill- Betsara, PS- Rudrapur,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48692 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- RUDRAPUR District- Madhubani ======================================================
Raushan Kumar Paswan @ Raushan Kumar S/o Chandra Mohan Paswan R/o vill- Betsara, PS- Rudrapur, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Jitendra Kumar Bharti
For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
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ORAL ORDER
16-07-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 274, 275 of the BNS and Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of four cases under the Excise Act and allegation is of recovery of 8.750 litres of liquor from house of Lalan Paswan.
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from the house, which does not belong to the petitioner and he has no concern or relation with Lalan and he Patna High Court CR. MISC. No.48692 of 2026(2) dt.16-07-2026
came to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either through chowkidar, local person, confessional statement or secret information without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rudrapur P.S. Case No.46/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
7. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than four cases, in that event, it would be presumed that petitioner Patna High Court CR. MISC. No.48692 of 2026(2) dt.16-07-2026
had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of four cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.
amit/- (Satyavrat Verma, J) U T