Patna High Court
AmitversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners, subject to bond and conditions.
Summary
Amit and Sahil, drivers of a truck, were arrested on 30‑12‑2025 in connection with the seizure of 2,279.880 litres of illicit liquor and charged under Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioners contended that the liquor was recovered from the truck, not from their conscious possession, that they were merely driver and assistant driver and not owners, and that they have clean antecedents. They also argued that the investigating agency failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023. The State opposed bail. The Court, noting the lack of direct possession, the petitioners’ clean record and the procedural lapses, granted bail on a Rs 10,000 bond with two sureties and imposed conditions regarding attendance, non‑tampering with evidence and verification of antecedents. The bail order was made subject to compliance with the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the absence of conscious possession and the petitioners' clean antecedent justify bail.
- Whether non‑compliance with Sections 103/105 of the BNSS, 2023 warrants the grant of bail.
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- conscious possession
- clean antecedent
- Section 103
- Section 105
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18335 of 2026
Arising Out of PS. Case No.-537 Year-2025 Thana- MAIRWAN District- Siwan
======================================================
1. Amit Son of Satyawan Resident of Village- Matlodha, P.S.- Baruala,
District- Hisar (Haryana)
2. Sahil Kumar Son of Manoj Kumar Resident of Village- Dadigopal, P.S.-
Buna, District- Hisar (Haryana)
... ... petitioners/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the petitioners/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Bijay Prakash Singh, learned counsel for
the petitioners and Mr. Mritunjay Kumar Nirala, learned
Additional Public Prosecutor for the State.
2. Petitioners seek bail who are in custody since
30.12.2025 in connection with Mairwa P.S. Case No. 537 of
2025, F.I.R. dated 29.12.2025 for the offences punishable under
Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Recovery is of 2279.880 liters of Indian made
foreign liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioners have not
Patna High Court CR. MISC. No.18335 of 2026(2) dt.24-03-2026
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committed any offence as alleged in the F.I.R. He further
submits that it appears from the F.I.R. as well as seizure list that
nothing have been recovered from the conscious possession of
the petitioners rather the recovery have been made from the
truck in question. He further submits that the petitioners are not
the owner of the said truck in question where petitioner no.1 is
driver and petitioner no.2 is assistant driver and they have no
concern at all with the alleged recovery of the illicit liquor or the
truck in question. There is non-compliance of Sections 103/105
of the BNSS, 2023. The petitioners is in custody since
30.12.2025.
5 Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent, nothing has been
recovered from the conscious possession of the petitioners and
there is non-compliance of Section 103/105 of the B.N.S.S,
2023, let the petitioners, above named, 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 Special Excise, Court no.1, Siwan in connection with
Mairwa P.S. Case No. 537 of 2025, subject to the following
Patna High Court CR. MISC. No.18335 of 2026(2) dt.24-03-2026
3/3
conditions:-
i. One of the bailors shall be the close relative of the
petitioners.
ii. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
iii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iv. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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