Patna High Court
Bharat KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 56(2)(ii)
- B.N.S.S. — s. 103, 105, 482(2)
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/-
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