Patna High Court
Viru KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
Viru Kumar was arrested in connection with a seizure of 135 litres of Nepali liquor from a bike he was driving, alleged to violate Sections 30(a) and 32(c) of the Bihar Prohibition and Excise (Amendment) Act. The petitioner contended that the liquor was not recovered from his possession, that he was not the owner of the bike, and that the police failed to comply with Section 105 of the BNSS while making the seizure. He also highlighted his clean criminal record and that he had been in judicial custody since 7 January 2026. The State opposed the bail application. After hearing both sides, the Court found merit in the petitioner's arguments and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offences under the Bihar Prohibition and Excise (Amendment) Act.
- Whether the seizure of liquor complied with statutory requirements, particularly Section 105 of the BNSS.
- Whether the petitioner’s lack of ownership of the bike and clean record justify bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- excise
- seizure
- procedural lapse
- ownership
- criminal antecedent
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14842 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- EXCISE PUPRI District- Sitamarhi
======================================================
Viru Kumar S/o Sikandra Ray @ Sikendra Ray @ Sikindra Ray Resident of
Village- Madhuban Basha, P.S.- Bajpatti, Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj, Advocate
Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr.Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Pupri Excise P.S. Case No.13 of 2026 registered for the
offence punishable under Sections 30(a) and 32(c) of Bihar
Prohibition and Excise(Amendment) Act.
3. The case of the prosecution, in short, is that from
the bike which was being driven by this petitioner, altogether
135 liter of Nepali country made liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner. Learned counsel for the
petitioner has further submitted that the witnesses of the seizure
list are police personnel and police have not complied Section
Patna High Court CR. MISC. No.14842 of 2026(3) dt.15-04-2026
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105 of the BNSS while making seizure. It has further been
submitted that the petitioner is not the owner of the said bike.
Learned counsel for the petitioner has further submitted that the
petitioner is having no criminal antecedent and he is in judicial
custody since 07.01.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Special Judge, Exclusive Excise Court No.-II, Sitamarhi in
connection with Pupri Excise P.S. Case No.13 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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