Patna High Court
Laxman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Laxman Kumar, a driver, was arrested in connection with the recovery of 160 litres of country-made liquor from a tempo, alleged to be a violation of Sections 30(a) and 56(b) of the Bihar Prohibition of Excise (Amendment) Act. He contended that he was unaware of the illicit liquor, that none was found in his possession, and that the police seizure did not comply with Section 105 of the BNSS. The State opposed bail, arguing the seriousness of the offence. The Court, after considering the lack of criminal antecedent, the petitioner’s custodial status since 02‑02‑2026, and the procedural lapses in seizure, decided to grant bail. The bail order required a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Special Excise Judge, Danapur.
Issues considered
- Whether bail should be granted to the driver accused under Sections 30(a) and 56(b) of the Bihar Prohibition of Excise (Amendment) Act.
- Whether the alleged non‑compliance with Section 105 of the BNSS in making the seizure warrants bail.
- Whether the petitioner’s lack of possession and clean antecedent justify release on bail.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- excise law
- illegal liquor
- driver liability
- Section 105
- criminal antecedent
- seizure procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17225 of 2026
Arising Out of PS. Case No.-121 Year-2026 Thana- EXCISE PALIGANJ District- Patna
======================================================
Laxman Kumar S/O Mahesh Bind R/o Vill.- Isha Bigha(Ise Bigha),, P.S-
Sikariya,Dist- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Special Excise Case No. 232 of 2026, arising out of Paliganj P.S.
Case No.121 of 2026 registered for the offence punishable under
Sections 30(a) & 56(b) of the Bihar Prohibition of Excise
(Amendment) Act.
3. The case of the prosecution, in short, is that from a
tempo altogether 160 liters of country made liquor was recovered.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is the driver of the said tempo.
Learned counsel for the petitioner has further submitted that the
petitioner was unaware of the alleged illicit liquor and recovery
thereof. It has further been submitted that nothing has been
recovered from the possession of this petitioner. Learned counsel
for the petitioner has further submitted that the witnesses of the
Patna High Court CR. MISC. No.17225 of 2026(2) dt.23-03-2026
2/2
seizure list are police personnel and police has not complied
Section 105 of the BNSS while making seizure. Learned counsel
for the petitioner has further submitted that the petitioner is having
no criminal antecedent and he is in judicial custody since
02.02.2026.
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 Special Excise
Judge, Danapur, District-Patna in connection with Special Excise
No.232 of 2026, arising out of Paliganj P.S. Case No.121 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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