Patna High Court
HIMANSHU KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner sought regular bail in a case under sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act where 297.84 litres of country‑made liquor were seized from a car. The prosecution alleged that two persons fled the scene and the petitioner was later apprehended. The petitioner contended that he was neither the driver nor the owner, had no knowledge of the liquor, and that the seizure was not made in compliance with Section 105 of the BNSS, also highlighting his clean criminal record and his detention since 20‑01‑2026. The State opposed the bail application. After hearing both sides, the court found the petitioner’s arguments persuasive and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge, Excise‑01, Purnea.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seizure of a large quantity of illicit liquor.
- Whether the seizure complied with Section 105 of the BNSS, affecting the bail consideration.
- Whether the petitioner’s lack of possession, ownership, and clean antecedent justify granting bail.
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- seizure
- possession
- criminal antecedent
- excise law
- bail petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16416 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- BAISI District- Purnia
======================================================
HIMANSHU KUMAR S/O SIKANDAR YADAV R/V- DHURGAUN
WARD NO. 01, P.S.- BHARRAHI, DIST.- MADHEPURA
... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
Ms. Divya Bharti, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 30(a), 41
and 47 of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a car,
altogether 297.840 liters of country made liquor was recovered.
As per the case of the prosecution, there were two persons in the
said car who started fleeing away but later on this petitioner was
apprehended.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
Patna High Court CR. MISC. No.16416 of 2026(2) dt.13-03-2026
2/2
recovered from the conscious possession of the petitioner. He
has been falsely implicated in this case. Petitioner is neither the
driver nor the owner of the said vehicle. He has no knowledge
regarding the alleged recovery. The witnesses of the seizure list
are police personnel and police has not complied Section 105 of
BNSS while preparing seizure. A statement has been made in
para-3 of this petition that the petitioner has got no criminal
antecedent. Moreover, he is languishing in judicial custody since
20.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Baisi P.S. Case No. 29 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
Excise-01, Purnea.
(Ashok Kumar Pandey, J)
shubham/-
U T
Checking your session…