Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition & Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS, 2023 — s. 103, 105
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
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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
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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//-
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