Patna High Court
Neeraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
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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