Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner sought regular bail in a case under section 30(a) of the Bihar Prohibition and Excise Act, where police recovered 100 litres of country‑made liquor from a scooty. The petitioner contended that he had no ownership of the scooty, was not in possession of the liquor, and was falsely implicated, also alleging that the police failed to comply with Section 105 of the BNSS while effecting the seizure. The State opposed the bail application. The court, after hearing both sides and noting the lack of any criminal antecedent and the procedural irregularities, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Excise Judge. The bail was granted in connection with Rupaspur Excise P.S. Case No. 45 of 2026.
Issues considered
- Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act despite the alleged seizure of liquor.
- Whether the alleged non‑compliance with Section 105 of the BNSS by the police warrants bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- seizure
- procedural lapse
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16958 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- RUPASPUR District- Patna
======================================================
Raja Kumar Son of Ramun Manjhi Resident of Mohalla- Govindpur,
Laxmantola, Khagaul, P.S.- Phulwarisharif, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a scooty,
altogether 100 liters of country made liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the conscious possession of the petitioner. He
has been falsely implicated in this case. The said scooty does
not belong to the petitioner. He has no concern with the alleged
recovery or with the alleged scooty. The witnesses of the seizure
Patna High Court CR. MISC. No.16958 of 2026(2) dt.16-03-2026
2/2
list are police personnel and police has not followed Section 105
of BNSS while preparing seizure. Moreover, he is languishing
in judicial custody since 21.01.2026 having no criminal
antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Rupaspur Excise P.S. Case No. 45 of 2026 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Excise Judge,
Danapur, Patna.
(Ashok Kumar Pandey, J)
shubham/-
U T
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