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Patna High Court

Bharat KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court grants anticipatory bail to the petitioner, subject to bond and sureties, under Section 482(2) of the B.N.S.S.

Summary

Bharat Kumar was implicated in an excise case for possession of 9 litres of illicit foreign liquor recovered from his motorcycle. He sought anticipatory bail, contending that the seizure violated procedural requirements under Sections 103 and 105 of the B.N.S.S. and that his name was linked only because he owned the vehicle. The State opposed the bail. The court, noting the petitioner’s clean antecedent and the alleged procedural lapses, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, and conditioned it on Section 482(2) of the B.N.S.S. The order directs release if arrested within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of alleged procedural irregularities in seizure.
  • Whether the violation of Sections 103 and 105 of the B.N.S.S. warrants bail.
  • Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illicit liquor
  • seizure procedure
  • clean antecedent
  • bail bond
  • Section 482
  • Section 103
  • Section 105

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11498 of 2026
                       Arising Out of PS. Case No.-37 Year-2024 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Bharat Kumar Son of Shyam Sunder Resident of Village- East of Brahmsaat
                 Tank Near Mayur Bihar, Road No 2, PS -Gaya, Distt -Gaya
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Suruchi Anand, Adv.
                 For the Opposite Party/s :        Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   17-02-2026              Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                            2. The petitioner is apprehending his arrest in connection

                   with Excise P.S. Case No. 37 of 2024 dated 13.01.2024

                   registered for the offence punishable under Section/s 30(a) &

                   56(2) (ii) of the Bihar Prohibition and Excise Amendment Act,

                   2022..

                            3. As per the prosecution case, the police has recovered

                   total 09 liters of illicit foreign liquor from the Hero Glamour

                   Motorcycle bearing Regd. No. BR-25B-5888.

                            4. Learned counsel for the petitioner submits that the

                   name of the petitioner has transpired in this case on the basis of

                   the recovery shown to have been made from the motorcycle

                   bearing Regd. No. BR-25B-5888. It is next submitted that the

                   while making search and seizure, the procedure, as stipulated
              Patna High Court CR. MISC. No.11498 of 2026(2) dt.17-02-2026
                                                          2/2




                        under Section 103 and 105 of the B.N.S.S., has not been

                        followed as the seizure list witnesses are the police constables.

                        The name of the petitioner has surfaced in this case only on the

                        basis of his being the owner of the alleged motorcycle. Lastly, it

                        is submitted that the petitioner is a person of clean antecedent.

                                5. Learned APP for the State opposes the prayer for grant

                        of anticipatory bail.

                                6. Having heard learned counsel for the parties and

                        considering the fact that the petitioner is a person of clean

                        antecedent, this Court is inclined to grant anticipatory bail to the

                        petitioner.

                                7. Let the petitioner, above named, be released on

                        anticipatory bail in the event of his arrest or surrender before the

                        court below within a period of four weeks from today 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 Court, Excise-2, Nawada in

                        connection with Excise P.S. Case No. 37 of 2024, subject to the

                        condition as laid down under Section 482(2) of the B.N.S.S.



                                                                             (Ajit Kumar, J)
rishi/-

U         T


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