Patna High Court
Bhola KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Bhola Kumar, was arrested in connection with the seizure of 190.080 litres of illicit foreign liquor and charged under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act. He contended that he was merely the driver of the vehicle from which the liquor was recovered and that the police had not complied with Section 105 of the BNSS while making the seizure. He also asserted that he had no criminal antecedents and had been in judicial custody since 3 December 2025. The State opposed the bail application, arguing the seriousness of the offence. After hearing both sides, the Court found merit in the petitioner's claim of innocence and lack of possession, and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court No. 3, Saran.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case
- Whether the seizure complied with the procedural requirements of Section 105 of the BNSS
- Whether the petitioner, as a driver, can be held liable for the alleged offence under the Bihar Prohibition & Excise Act
Legislation cited
- BNSS — s. 105
Subjects
- bail
- excise
- illegal liquor
- seizure
- Bihar Prohibition & Excise Act
- Section 105
- judicial custody
- driver liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17096 of 2026
Arising Out of PS. Case No.-318 Year-2025 Thana- Excise P.S. District- Saran
======================================================
Bhola Kumar Son of Gajendra Bhagat @ Gajendra Chaurasia Resident of
Village- Ismailpur, P.S.- Doriganj, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sadar Excise P.S. Case No. 318 of 2025 registered for the
offence punishable under Sections 30(a), 32(3) of the Bihar
Prohibition & Excise Act.
3. The case of the prosecution, in short, is that
altogether 190.080 liters of illicit country made foreign liquor
was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the petitioner is the driver of the said
pick-up from which the recovery was made. Nothing has been
Patna High Court CR. MISC. No.17096 of 2026(2) dt.17-03-2026
2/2
recovered from the possession of this petitioner. He also submits
that the witnesses of the seizure list are police personnel and the
police has not complied with Section 105 of the BNSS while
making the seizure. Moreover, a statement has been made in
para 3 of the petition that petitioner has no criminal antecedent
and he is languishing in judicial custody since 03.12.2025.
5. The application for bail is opposed by learned APP
for the State.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Excise Court No. 3, Saran at Chapra in
connection with Sadar Excise P.S. Case No. 318 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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