Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, given the petitioner's clean antecedent, lack of possession of the seized liquor, and the prosecution's non‑compliance with procedural provisions, bail should be granted subject to conditions.
Summary
Rahul Kumar was arrested on 19 January 2026 in connection with an excise case involving the seizure of 117 litres of foreign liquor, alleged to be offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2018. He pleaded that he has a clean antecedent, was not the owner of the vehicle from which the liquor was seized, and that the prosecution had not complied with Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail. The High Court, noting the petitioner’s clean record, lack of possession, and 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 antecedents. The order directed that bail should not be delayed for verification purposes. The bail was granted subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, 2018.
- Whether non‑compliance of Sections 103 and 105 of the BNSS warrants the grant of bail.
- Whether the fact that the seized liquor was not in the petitioner's conscious possession affects the bail decision.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise
- foreign liquor
- Bihar Prohibition and Excise Act
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16891 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
Rahul Kumar S/o Sanjay Chaudhary Resident of Village - Madhopur, P.S.-
Govindpur, District - Nawada,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Man Mohan Kumar, learned counsel for
the petitioner and Mr. Rajendra Prasad Nat, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.01.2026 in connection with Nawada Excise P.S. Case No. 65
of 2026, F.I.R. dated 18.01.2026 for the offences punishable
under Section 30(a) & 41of the Bihar Prohibition and Excise
Act, 2018.
3. Recovery is of 117 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
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 conscious possession of the petitioner rather
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the recovery has been made from vehicle in question and
petitioner is not the owner of the vehicle in question. He further
submits that there is non-compliance of Section 103 and 105 of
BNSS and the petitioner is in custody since 19.01.2026 .
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that the petitioner has clean antecedent and there is
non-compliance of Section 103 and 105 of BNSS, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Court, Excise-2, Nawada in connection with Nawada
Excise P.S. Case No. 65 of 2026, subject to the following
conditions:-
i. 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.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
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move for cancellation of bail.
iii. 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 antecedent, 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)
Suruchi/-
U T
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