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Patna High Court

Brajesh kumar @ Brajesh Master @ Brajesh yadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specified conditions.

Summary

Brajesh Kumar was arrested on 8 February 2026 in connection with a case involving the seizure of 297.84 litres of foreign liquor from a car, alleged to be in violation of Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Amendment Act, 2022. The petitioner contended that he was not in possession of the liquor, that the car had been handed over to Satyam Yadav, and that procedural requirements under Sections 103 and 105 of the BNSS, 2023 were not complied with. The prosecution opposed bail, citing two prior similar criminal antecedents, though one case resulted in acquittal and the other the accused is presently on bail. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of criminal antecedents. The order directed that bail should not be delayed for verification purposes.

Issues considered

  • Whether bail should be granted to the petitioner despite the seizure of a large quantity of foreign liquor.
  • Whether alleged non‑compliance with Sections 103/105 of the BNSS, 2023 bars the grant of bail.
  • Whether the petitioner’s prior criminal antecedents preclude bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor seizure
  • criminal antecedent
  • Section 103
  • Section 105
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18363 of 2026
                          Arising Out of PS. Case No.-29 Year-2026 Thana- BAISI District- Purnia
                 ======================================================
                 Brajesh kumar @ Brajesh Master @ Brajesh yadav Son of Ram chandra
                 Yadav R/o Village-Sakhari, Ward no 09, Near middle School, P.S. Patarghat,
                 District -saharsa

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pawan Kumar, Advocate
                 For the Opposite Party/s :        Ms. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   24-03-2026                     Heard Mr. Pawan Kumar, learned counsel for the

                   petitioner and Ms. Gulnar Begum, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   08.02.2026 in connection with Baisi P.S. Case No. 29 of 2026,

                   F.I.R. dated 19.01.2026 for the offences punishable under

                   Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise

                   Amendment Act, 2022.

                               3. Recovery is of 297.840 liters of country made

                   foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.18363 of 2026(2) dt.24-03-2026
                                            2/3




          as well as seizure list that nothing has been recovered from the

          conscious possession of the petitioner rather the recovery has

          been made from the car in question. He further submits that the

          petitioner has been made accused merely on the ground that he

          is owner of the said car in question and in fact, he has given his

          car to one Satyam Yadav who was apprehended along with the

          illicit liquor. He further submits that there is non-compliance of

          Section 103/105 of the BNSS, 2023. The petitioner is in custody

          since 08.02.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that the petitioner carries two criminal antecedents of

          similar nature other than the present one but fairly submits that

          he has been acquitted in one case and in another he is on bail.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, 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 Special

          Judge, Excise-01, Purnia in connection with Baisi P.S. Case No.

          29 of 2026, subject to the following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court
            Patna High Court CR. MISC. No.18363 of 2026(2) dt.24-03-2026
                                                        3/3




                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                    iii. And further condition that the court below shall

                       verify the criminal antecedent of the petitioner and in case at

                       any stage it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step 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.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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