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Patna High Court

Dhanik KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as the petitioner has a clean antecedent, no liquor was found in his conscious possession, and the prosecution failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023.

Summary

The petitioner, Dhanik Kumar, was arrested on 24 January 2026 in connection with a case under Section 112(2) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, after 151.695 litres of English liquor were seized from a house jointly owned by him. He pleaded that he has a clean antecedent, that the liquor was not in his conscious possession and that the prosecution had not complied with procedural requirements of Sections 103 and 105 of the BNSA. The State opposed bail. The Court, noting the lack of direct possession, the petitioner’s clean record and the procedural lapses, ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions of cooperation, presence in court, and no tampering with evidence. The bail bond was to be accepted without delay for verification of antecedents. The order was pronounced by Justice Rajesh Kumar Verma.

Issues considered

  • Whether bail should be granted to the petitioner given the alleged non‑possession of the seized liquor and his clean antecedent.
  • Whether the failure to comply with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023 warrants the grant of bail.

Legislation cited

Subjects

  • bail
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act
  • procedural compliance
  • clean antecedent
  • joint property
  • excise seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11009 of 2026
                     Arising Out of PS. Case No.-73 Year-2026 Thana- CHAPRA TOWN District- Saran
                 ======================================================
                 Dhanik Kumar Son of Hulash Rai Resident of Village - Purbi Rauja, P.S.-
                 Chapra Nagar, District - Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Alok Kumar Alok, Advocate
                 For the State           :       Mrs. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   02-04-2026                      Heard Mr. Alok Kumar Alok, learned counsel for

                   the petitioner and Mrs. Veena Kumari Jaiswal, learned APP for

                   the State.

                                 2. Petitioner seeks bail, who is in custody since

                   24.01.2026, in connection with Chapra Town P.S. Case No. 73

                   of 2026, F.I.R. dated 23.01.2026 registered for the offences

                   punishable under Sections 112(2) of the B.N.S. and Section

                   30(a) of the Bihar Prohibition and Excise Act.

                                 3. Recovery is of 151.695 litres of English 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 nothing has

                   been recovered from the conscious possession of the petitioner
Patna High Court CR. MISC. No.11009 of 2026(3) dt.02-04-2026
                                            2/3




          rather recovery has been made from the joint house property of

          the petitioner and altogether 151.695 litres of English liquor

          was recovered. He further submits that the petitioner is not the

          absolute owner of the house in question rather the house in

          question is the joint house property of the petitioner and there is

          non-compliance of Sections 103 and 105 of BNSS, 2023 and the

          petitioner is in custody since 24.01.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent 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 Exclusive Special Excise Judge-1, Saran

          at Chapra in connection with Chapra Town P.S. Case No. 73 of

          2026, subject to the following conditions :-

                        (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court
               Patna High Court CR. MISC. No.11009 of 2026(3) dt.02-04-2026
                                                           3/3




                         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


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