Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Prince Kumar was arrested on 10 January 2026 in connection with a special excise case involving the alleged recovery of 97.650 litres of Indian-made foreign liquor from a train trolley. The petitioner claimed he had no conscious possession of the liquor and was implicated solely on suspicion, also alleging non‑compliance of Sections 103 and 105 of the BNSS, 2023 during the seizure. The State opposed bail, while the petitioner’s counsel highlighted his clean antecedent. The court examined the lack of direct possession and procedural lapses and decided to grant bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedents without delaying bail.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act given the circumstances of the seizure.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS, 2023 warrants denial of bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise law
- liquor seizure
- Section 30(a)
- BNSS 2023
- non‑possession
- procedural compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16835 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- DANAPUR RAIL P.S. District- Patna
======================================================
Prince Kumar Son of Ravindra Sharma @ Ravindra Thakur R/o Village -
Islampur Bus Stand, P.S. - Islampur, Dist. - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the State : Ms. Surabhi Nirmal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Aryan Singh, learned counsel for the
petitioner and Ms. Surabhi Nirmal, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
10.01.2026, in connection with Special Excise Case No. 95 of
2026 arising out of Danapur Rail P..S. Case No. 06 of 2026,
F.I.R. dated 09.01.2026 registered for the offences punishable
under Sections 30(a) of the Bihar Prohibition & Excise Act.
3. Recovery is of 97.650 litres of Indian made foreign
liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. She further submits that it
appears from the F.I.R. that nothing has been recovered from the
conscious possession of the petitioner rather recovery has been
Patna High Court CR. MISC. No.16835 of 2026(2) dt.17-03-2026
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made from the train in question and the petitioner has been
made accused on the basis of suspicion and altogether 97.650
litres of Indian made foreign liquor was recovered from the
trolly and bag in question. She further submits that there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
police personnel are the seizure list witnesses and the petitioner
is in custody since 10.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that 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 Special Excise Judge, Danapur, Patna in
connection with Special Excise Case No. 95 of 2026 arising out
of Danapur Rail P..S. Case No. 06 of 2026, subject to the
following conditions :-
(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
Patna High Court CR. MISC. No.16835 of 2026(2) dt.17-03-2026
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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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