Patna High Court
Brajesh kumar @ Brajesh Master @ Brajesh yadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 103, 105
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
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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
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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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