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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.16891 of 2026(2) dt.17-03-2026
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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
            Patna High Court CR. MISC. No.16891 of 2026(2) dt.17-03-2026
                                                        3/3




                       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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