Patna High Court

Subhash Kumar @ Subhash ThakurversusThe State of Bihar

Decided: 16 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioners, finding insufficient grounds to deny bail and noting procedural lapses in the seizure.

Summary

The petitioners, Subhash Kumar and Pawan Kumar Modak, were arrested in connection with the seizure of 855 litres of country-made liquor from a pick‑up van, alleged to violate sections 30(a) and 32 of the Bihar Prohibition of Excise Act, 2018. They contended that they were merely the driver and a passenger, respectively, and had no knowledge of the illicit liquor, further alleging that the police failed to comply with the mandatory provisions of Section 105 of the BNSS during the seizure. The State opposed regular bail, noting that one petitioner had a clean antecedent while the other had a prior criminal record. After considering the facts, the court found the petitioners’ claims credible and noted the procedural lapse in seizure. Consequently, the court ordered their release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioners are entitled to regular bail despite the alleged seizure of illicit liquor.
Whether the police complied with Section 105 of the BNSS in making the seizure.
Whether the driver and passenger can be deemed to have knowledge of the contraband.

Legislation cited

BNSS — s. 105

Subjects

regular bail
excise law
illegal liquor
driver liability
passenger liability
Section 105
Bihar Prohibition of Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17025 of 2026
                        Arising Out of PS. Case No.-8 Year-2026 Thana- GANGTA District- Munger
                 ======================================================
           1.     Subhash Kumar @ Subhash Thakur S/o- Sahdev Thakur Resident of
                  Village- Makanpur, Post- Makanpur P.S.- Warsaliganj, District- Nawadah.
           2.     Pawan Kumar Modak S/o- Ram Pado Modak R/v- Sabji Bagan near Sisi
                  Godam Ps- Dhansar Dist- Dhanbad (Jharkhand)
                                                                     ... ... Petitioner/s
                                                 Versus
                 The State of Bihar Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dipak Kumar, Advocate
                 For the Opposite Party/s :       Mr.Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   16-03-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under sections 30 (a)

                   and 32 of the Bihar Prohibition of Excise Act, 2018.

                                3. The case of the prosecution is that altogether 855

                   liters of country made liquor was recovered from a pick-up van.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in

                   connection with the present case. It is further submitted that the

                   petitioner no.1 is merely the driver of the vehicle whereas

                   petitioner no.2 is the co-passenger of the said vehicle. It is

                   further submitted that nothing has been recovered from the
            Patna High Court CR. MISC. No.17025 of 2026(2) dt.16-03-2026
                                                        2/2




                      possession of these petitioners. It is further submitted that

                      petitioner no. 1 being the driver had no knowledge about the

                      alleged illicit liquor and petitioner no. 2 who was travelling as a

                      passenger of that vehicle also had no knowledge about the

                      alleged illicit liquor. It is further submitted that police have not

                      complied with the mandatory provision of Section 105 of the

                      BNSS while making the seizure. Moreover, the petitioners are

                      languishing in judicial custody since 11.01.2026.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail stating that the petitioner no. 1 is a

                      man of clean antecedent while petitioner no. 2 has one criminal

                      antecedent.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioners on

                      bail. The above named petitioners are directed to be released on

                      bail in connection with Gangta P.S. Case No. 08 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

                      Exclusive Special Judge, Excise – 1, Munger.


                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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