Patna High Court
Bhola KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioners are entitled to regular bail as there is no evidence of their possession or knowledge of the seized liquor and the seizure procedure was defective.
Summary
The petitioners sought regular bail in a case under section 30(a) of the Bihar Prohibition and Excise Act, where the prosecution alleged that six sacks containing 174 litres of Nepali liquor were seized. The petitioners contended they had no knowledge of, nor possession of, the liquor and argued that the police failed to comply with Section 105 of the Bihar Narcotic Substances Act while preparing the seizure list. The State opposed the bail application. After hearing both sides, the court found the petitioners’ claim of innocence credible and noted procedural lapses in the seizure, and therefore ordered their release on bail upon furnishing a bond of Rs.10,000 with two sureties each. The order was directed to be satisfied before the Exclusive Special Excise Court No‑II, Sitamarhi. The petition was thus disposed with bail granted.
Issues considered
- Whether the petitioners are entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of liquor was valid in view of alleged non‑compliance with Section 105 of the Bihar Narcotic Substances Act.
- Whether the petitioners had knowledge of or were in possession of the seized liquor.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
Subjects
- regular bail
- excise law
- seizure procedure
- section 30
- section 105
- police compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16435 of 2026
Arising Out of PS. Case No.-254 Year-2026 Thana- Excise P.S. District- Sitamarhi
======================================================
1. Bhola Kumar S/o- Laxman Sahni Village - Orlahiya ward no.3 P.S.-
Kanhauli Dist.- Sitamarhi
2. Deepak Kumar S/o- Ram Pratap Sahni Village - Orlahiya, P.S.- Kanhauli
Dist.- Sitamarhi
3. Mohan Kumar S/o- Jagdish Mahto R/v- Dostia, W.No-7, Ps- Bhutahi Dist-
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, 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 Act.
3. The case of the prosecution is that from six sacks,
altogether 174 liters of nepali liquor was recovered.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that nothing
has been recovered from the conscious possession of the
Patna High Court CR. MISC. No.16435 of 2026(2) dt.13-03-2026
2/2
petitioners. They have no knowledge regarding the alleged
recovery and also they have no concern with the alleged
recovery. The witnesses of the seizure list are police personnel
and police has not complied Section 105 of BNSS while
preparing seizure. Moreover, the petitioners are languishing in
judicial custody since 30.01.2026.
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 petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Sitamarhi Excise P.S. Case No. 254 of 2026 on furnishing bail
bond of Rs.10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Excise Court No-II, Sitamarhi.
(Ashok Kumar Pandey, J)
shubham/-
U T
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