Patna High Court
Nayan MukherjeeversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Nayan Mukherjee, was arrested on 22 January 2026 in connection with an excise case involving the seizure of 229.5 litres of foreign liquor from a vehicle. He was charged under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2016 (Amendment Act 2022). The petitioner contended that he had no conscious possession of the liquor, was not the owner of the vehicle, and that procedural requirements under Sections 103 and 105 of the BNSS, 2023 were not complied with. The State opposed bail, noting a similar pending case but acknowledged the petitioner was already on bail in that matter. The Court, after considering the lack of direct possession and the procedural lapses, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was made subject to compliance with the conditions and without delay for verification.
Issues considered
- Whether bail should be granted when the accused lacks conscious possession of the seized liquor
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants denial of bail
- Effect of a pending similar case on the bail application
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- foreign liquor
- conscious possession
- procedural compliance
- Bihar Prohibition & Excise Act
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16581 of 2026
Arising Out of PS. Case No.-87 Year-2026 Thana- Excise P.S. District- Gaya
======================================================
Nayan Mukherjee Son of Rabindra Nath Mukherjee Resident of Village-
Badha Ghaghra, Shanti Rani school, P.S.- Doranda, District- Ranchi
(Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Advocate
For the State : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Mr. Jitendra Kumar, learned counsel for the
petitioner and Mr. Nand Kishore Prasad, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
22.01.2026, in connection with Gaya Excise P.S. Case No. 87 of
2026, F.I.R. dated 21.01.2026 registered for the offences
punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition & Excise Act, 2016 (Amendment Act 2022).
3. Recovery is of 229.500 litres of foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.16581 of 2026(2) dt.16-03-2026
2/3
conscious possession of the petitioner rather recovery has been
made from the vehicle in question and altogether 229.500 lires
of foreign liquor was recovered from the vehicle in question.
He further submits that the petitioner is not owner of the vehicle
in question and there is non-compliance of Sections 103 and 105
of BNSS, 2023 and the petitioner is in custody since
22.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries one more case
of similar nature other than the present one but fairly submits on
the basis of paragraph-3 of the bail petition that the petitioner is
on bail in the pending matter.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioner,
above named, be released on bail 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
Excise Court No. 03, Gaya in connection with Gaya Excise P.S.
Case No. 87 of 2026, subject to the following conditions :-
Patna High Court CR. MISC. No.16581 of 2026(2) dt.16-03-2026
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(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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