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Patna High Court

Neeraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties and conditions prescribed under Section 480(3) of the B.N.S.S.

Summary

The petitioner, Neeraj Kumar, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 294.52 litres of foreign liquor recovered near his house. The prosecution alleged that the liquor was stored at a location adjacent to the petitioner’s residence, while the petitioner claimed he had no knowledge or control over the seized liquor and maintained a clean antecedent. The learned counsel for the petitioner emphasized the absence of any incriminating material directly linked to him and highlighted his custody since 2 March 2026. The State opposed the bail, contending the petitioner’s alleged involvement. Considering the petitioner’s clean record, the circumstances of the recovery, and the period of custody, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional personal surety requirements.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the alleged recovery of foreign liquor near his residence.
  • Whether the petitioner’s clean antecedent and lack of direct possession of the seized liquor justify bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 480(3)
  • clean antecedent
  • surety
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29465 of 2026
                    Arising Out of PS. Case No.-92 Year-2026 Thana- CHAKIA District- East Champaran
                 ======================================================
                 Neeraj Kumar S/o Surendra Paswan R/o Village - Hindu Chakia, P.S - Chakia,
                 District - East Champaran

                                                                                   ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Suraj Kumar Tiwari, Advocate
                 For the Opposite Party/s :       Mrs.Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   11-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Chakia P.S. Case No. 92 of 2026 registered for

                   the alleged offences under Section 30(a) of Bihar Prohibition

                   and Excise Act.

                                03. As per prosecution case, recovery of 294.52 litres

                   of foreign liquor was made near the house of the petitioner

                   when a raid was conducted on the basis of secret information

                   about petitioner storing huge quantity of liquor at nearby place

                   of his house.

                                04. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.29465 of 2026(2) dt.11-05-2026
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          case. Nothing incriminating has been recovered from the person

          or possession of the petitioner. The petitioner has no concern

          either with the recovered liquor or the place from where the

          recovery has been made. The petitioner is having clean

          antecedent and he is in custody since 02.03.2026.

                       05. Learned APP opposes the submission made on

          behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          clean antecedent of the petitioner and period of custody, the

          petitioner above named is directed to be released on bail on

          furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Exclusive Special Excise Court No. 3 I/c, East Champaran at

          Motihari/concerned Court in connection with Chakia P.S. Case

          No. 92 of 2026, subject to the conditions mentioned in Section

          480(3) of B.N.S.S. and also the following conditions :

                                          (i) One of the bailors will be a close

                                          relative of the petitioner.

                                          (ii) The petitioner will remain present

                                          on each and every date fixed by the

                                          court below.
            Patna High Court CR. MISC. No.29465 of 2026(2) dt.11-05-2026
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                                                      (iii) In case of absence on three

                                                      consecutive dates or in violation of the

                                                      terms of the bail, the bail bond of the

                                                      petitioner will be liable to be cancelled

                                                      by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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