Created by Fuzzy Cloud

Patna High Court

Niraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Niraj Kumar was arrested on 21 February 2026 for alleged possession of 405 litres of foreign liquor, contravening Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022. He contended that the liquor was recovered from the vehicle, not from his conscious possession, and that the seizure was recorded by police witnesses, violating Sections 103 and 105 of the BNSS, 2023. The State opposed bail, arguing the recovery was made at the place of occurrence and the petitioner was apprehended with the illicit liquor. The Court, noting the petitioner’s clean antecedents and the procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents without delaying the release.

Issues considered

  • Whether bail should be granted despite the alleged recovery of foreign liquor in connection with the petitioner.
  • Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants bail.
  • Whether the petitioner’s clean antecedent and lack of conscious possession affect the bail decision.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor
  • procedural compliance
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33465 of 2026
                   Arising Out of PS. Case No.-70 Year-2026 Thana- EXCISE SIMRAHI District- Supaul
                 ======================================================
                 Niraj Kumar S/o Shree Prasad Mehta R/o Village – Jay Nagra, Ward No. 9
                 P.S. - Pratapganj, Dist. - Supaul.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Bindeshwar Prasad Singh, Advocate
                 For the State             :      Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   14-05-2026                          Heard Mr. Bindeshwar Prasad Singh, learned

                   counsel for the petitioner and Mr. Yogendra Kumar, learned APP

                   for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   21.02.2026, in connection with Simrahi Prohibition & Excise

                   P.S. Case No. 70 of 2026, F.I.R. dated 21.02.2026 registered for

                   the offences punishable under Section 30(a) of the Bihar

                   Prohibition & Excise (Amendment) Act, 2022.

                                 3. Recovery is of 405 litres of Nepali Dilwale country

                   made foreign liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.              He further submits that it

                   appears from the F.I.R. as well as seizure list that the recovery
Patna High Court CR. MISC. No.33465 of 2026(2) dt.14-05-2026
                                            2/3




          has been made from the vehicle in question and nothing has

          been recovered from the conscious possession of the petitioner.

          It appears from the seizure list that the seizure list witnesses are

          police personnel so there is non-compliance of Sections 103 and

          105 of BNSS, 2023 and the police after investigation submitted

          chargesheet against the petitioner               and the petitioner is in

          custody since 21.02.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for                  bail of the

          petitioner and submits that the recovery has been made from the

          place of occurrence and petitioner was apprehended along with

          the illicit liquor.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedents and

          nothing has been recovered from the conscious possession of

          the petitioner and there is non-compliance of Sections 103 and

          105 of the BNSS, 2023, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of        learned      Incharge Exclusive Special Judge

          Excise     Court-02,       Supaul,      in    connection   with   Simrahi

          Prohibition and Excise P.S. Case No. 70 of 2026, subject to the
               Patna High Court CR. MISC. No.33465 of 2026(2) dt.14-05-2026
                                                           3/3




                         following conditions :-

                                      (1) 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 cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.