Patna High Court
Dhanik KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 103, 105, 112(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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//-
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