Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to both petitioners, finding no sufficient ground to deny bail.
Summary
The petitioners, Vikash Kumar (driver) and Sanni Kumar (passenger), were arrested after 160.71 litres of foreign liquor was seized from their car in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. They contended they were unaware of the illicit liquor, that none was found in their possession, and that the seizure violated Section 105 of the BNSS Act. The State opposed regular bail. The court noted the petitioners' clean record, lack of direct possession, and alleged procedural lapses in the seizure, and consequently ordered that both be released on regular bail upon furnishing a bail bond of Rs.10,000 each with two sureties each, subject to the satisfaction of the Exclusive Special Judge, Excise‑I, Araria.
Issues considered
- Whether regular bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS Act renders the seizure unlawful and justifies bail.
- Whether the accused's lack of knowledge and absence of possession of the seized liquor merit bail.
Legislation cited
- Bihar Narcotic Substances (BNSS) Act — s. 105
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- Section 30(a)
- Section 105
- seizure procedure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16044 of 2026
Arising Out of PS. Case No.-133 Year-2025 Thana- BAIRGACHHAI District- Araria
======================================================
1. Vikash Kumar S/O Satyendar Sahani Resident of Village- Rahuwavir
Narayan, Ward No. 05, Police Station- Musahari, District- Muzaffarpur.
2. Sanni Kumar S/O Arun Sahani Resident of Village- Rahuwavir Narayan,
Ward No. 05, Police Station- Musahari, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act.
3. The case of the prosecution, in short, is that from a
car altogether 160.71 liters of country made foreign liquor was
recovered.
4. Learned counsel for the petitioners submits that two
persons were in the car. Petitioner no.1, namely, Vikash Kumar is
driver of the said car and petitioner no.2, namely, Sanni Kumar is
the passenger in that car. Learned counsel for the petitioners has
submitted that petitioners were unaware of the illicit liquor and
Patna High Court CR. MISC. No.16044 of 2026(2) dt.13-03-2026
2/2
recovered thereof. It has further been submitted that nothing has
been recovered from the possession of these petitioners. Learned
counsel for the petitioners has further submitted that the witnesses
of the seizure list are police personnel and police have not
complied Section 105 of the BNSS while making seizure. Learned
counsel for the petitioners has further submitted that the petitioners
are having no criminal antecedent and they are in judicial custody
since 07.12.2025.
5. Learned APP appearing for the state has opposed the
prayer of regular bail.
6. Considering the aforesaid facts and circumstances of
the case, this court is inclined to enlarge the petitioners on bail.
The above named petitioners are directed to be released on bail in
connection with Baigachhi P.S. Case No. 133 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) each of them
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, Excise-I, Araria.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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