Patna High Court
Batohi KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, subject to a bond and sureties.
Summary
Batohi Kumar was arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged seizure of 140 litres of country-made liquor from the bank of the Ganga river. The petitioner contended that he had no possession of the liquor, that the seizure was made from an open place not belonging to him, and that the police failed to comply with Section 105 of the B.N.S.S. during the seizure. The State opposed bail, citing four prior criminal cases, one of which was of a similar nature. After hearing both sides, the Court considered the lack of direct evidence against the petitioner and the procedural lapse, and decided to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Additional District and Sessions Judge‑VII‑cum‑Exclusive Special Excise Court‑II, Lakhisarai.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the failure to comply with Section 105 of the B.N.S.S. during seizure warrants bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition law
- excise
- procedural lapse
- prior convictions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17352 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- PIPRIYA District- Lakhisarai
======================================================
Batohi Kumar, S/o Karu Yadav, Resident of village - Pipariya, P.S - Pipariya,
District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmveer, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, 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
Pipariya P.S. Case No. 90 of 2025 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. The case of the prosecution, in short, is that from the
bank of Ganga river from a bathan, altogether 140 liters of country
made 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. Learned
counsel for the petitioner has submitted that as per the case of the
prosecution, three persons started fleeing away and the local
villagers have disclosed the name of this petitioner. Nothing has
Patna High Court CR. MISC. No.17352 of 2026(2) dt.23-03-2026
2/2
been recovered from the possession of this petitioner. The
recovery was made from an open place. The bathan does not
belong to this petitioner. The witnesses of the seizure list are police
personnel. Police has not complied Section 105 of B.N.S.S. while
making the seizure. Petitioner is languishing in judicial custody
since 24.01.2026.
5. Learned APP appearing for the State has vehemently
opposed the application for bail and has submitted that petitioner
is having criminal antecedent of four cases. Out of which one is of
similar nature.
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 Additional
District and Sessions Judge-VII-cum-Exclusive Special Excise
Court-II, Lakhisarai in connection with Pipariya P.S. Case No. 90
of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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