Patna High Court
Ujjawal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court held that bail could be granted as the procedural deficiencies and lack of direct involvement outweighed the State’s objection, subject to statutory conditions.
Summary
The petitioner, Ujjawal Kumar, was sought to be arrested in connection with an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act for transporting illicit liquor in an E‑Rickshaw. The police seized 96.330 litres of liquor and alleged the petitioner’s involvement, though he claimed no connection to the vehicle or the liquor and pointed out non‑compliance with Section 103 of the Bihar Narcotic and Smuggling Act in preparing the seizure list. He also has a prior similar charge for which he is on bail. The State opposed bail, arguing he is a habitual offender. The High Court, after hearing both sides, ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Cr.P.C. Section 438(2) and B.N.S.S. Section 482(2), and a verification of his antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite alleged involvement in an offence under the Bihar Prohibition and Excise Act and a prior criminal antecedent.
- Whether the seizure of the liquor complied with the procedural requirements of Section 103 of the Bihar Narcotic and Smuggling Act.
- Whether the petitioner’s alleged non‑involvement and procedural lapses justify granting bail.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 103, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- procedural lapse
- criminal antecedent
- Section 30
- Section 103
- CrPC
- excise seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18167 of 2026
Arising Out of PS. Case No.-635 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Ujjawal Kumar S/O Umesh Choudhary R/O Village- Anand Nagar, P.S.-
Sadar, District- Purnia.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 25-03-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Purnea Sadar P.S. Case No. 635 of 2025 for
allegedly having committed an offence under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, while the informant
was on patrolling duty, he got a secret information that a blue
colour E-Rickshaw bearing registration no. BR11ER2385 is
transporting huge quantity of illicit liquor. Upon such
information, when he reached near the place of occurrence, he
saw one E-Rickshaw coming and upon seeing the Police party,
one person tried to flee away but was apprehended by Police.
Upon search, total 96.330 litres of illicit liquor was seized from
Patna High Court CR. MISC. No.18167 of 2026(2) dt.25-03-2026
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the E-Rickshaw along with other articles.
4. The learned counsel for the petitioner submits
that the petitioner has got no concern either with the alleged
seized liquor or with the E-Rickshaw. While preparing the
seizure list, the provisions contained under Section 103 of the
B.N.S.S. was even not followed. The name of the petitioner
transpired during course of investigation. The petitioner is
having one criminal antecedent of similar nature in which he is
on bail.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner and submits that the
petitioner is a habitual offender having accused in one more
case of similar nature.
6. Having heard the learned counsel for the parties,
let the petitioner, above named, in the event of arrest or
surrender within a period of eight weeks, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Excise Judge-I, Purnia in connection with Purnea
Sadar P.S. Case No. 635 of 2025, subject to the conditions as
laid down under Section 438 (2) of the Cr.P.C./482(2) of the
B.N.S.S., with further condition:
Patna High Court CR. MISC. No.18167 of 2026(2) dt.25-03-2026
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(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U T
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