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Patna High Court

Nayan MukherjeeversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                                      (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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