Patna High Court
Adars Kumar @ PurushotamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioner subject to the conditions prescribed under Section 480(3) of BNSS.
Summary
The petitioner, Adars Kumar, was arrested during a police raid that recovered 1,817.460 liters of illicit liquor, and was charged under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2016. He claimed he was merely a labourer attending a village feast, had no ownership or control over the seized liquor, and had no prior criminal record. The State opposed bail, while the petitioner’s counsel argued his innocence and lack of constructive possession. The court considered the nature of the allegation, the petitioner’s clean antecedent, and the length of his custody since 6 January 2026. It ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 480(3) of BNSS and additional personal surety requirements. The bail was granted with conditions regarding attendance and possible cancellation on violation.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2016 considering the alleged involvement in illicit liquor trade and the petitioner’s personal circumstances.
Legislation cited
- BNSS — s. 480(3)
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition & Excise Act
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10830 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- Excise P.S. District- Begusarai
======================================================
Adars Kumar @ Purushotam S/o- Shalesh Kumar R/v- Ramgarh W.No-9, Ps-
Kharik Dist- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Braj Bhusan Poddar, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Begusarai Excise P.S. Case No. 10 of 2026
registered for the alleged offences under Sections 30(a) and
32(3) of the Bihar Prohibition & Excise Act, 2016.
03. As per prosecution case, police received secret
information about petitioner running a business of illicit liquor
and a raid was conducted at the identified place and on search of
the place, 1817.460 liters of India made foreign liquor kept in a
straw house were recovered. The petitioner was apprehended
from the spot.
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.10830 of 2026(2) dt.17-02-2026
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case. The petitioner has no concern with the seized liquor and
nothing incriminating has been recovered from the conscious or
constructive possession of the petitioner. The petitioner is
merely a labourer and has gone to the place where he has been
working in a feast being held in the village. During melee, the
petitioner was apprehended. Learned counsel further submits
that the petitioner is not even resident of the place from where
the recovery has been made. The petitioner has got no criminal
antecedent and is in custody since 06.01.2026.
05. Learned APP for the State 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
nature of allegation and period of custody of the petitioner with
his clean antecedent, 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 Judge-II,
Begusarai/court concerned in connection with Begusarai Excise
P.S. Case No. 10 of 2026, subject to the conditions mentioned in
Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
Patna High Court CR. MISC. No.10830 of 2026(2) dt.17-02-2026
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the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(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)
Ashish/-
U T
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