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Patna High Court

Rajan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

Petitioner Rajan Kumar was arrested on 25 February 2026 in connection with a case involving the seizure of 857.52 litres of foreign wine from two tempos, alleged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2022. He contended that the FIR was fabricated, he had no conscious possession of the wine, and that the only basis for his accusation was his ownership of one of the tempos. The prosecution opposed bail, while the petitioner highlighted his clean antecedent and the alleged non‑compliance of Sections 103 and 105 of the BNSS, 2023. The court, noting the clean record and procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent without delaying the release.

Issues considered

  • Whether bail should be granted to the petitioner despite the seizure of a large quantity of foreign wine.
  • Whether non‑compliance of Sections 103/105 of the BNSS, 2023 warrants bail.
  • Whether mere ownership of a vehicle implicated in the seizure is sufficient to sustain the accusation.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign wine seizure
  • non‑compliance
  • criminal antecedent
  • vehicle ownership
  • Section 103 BNSS
  • Section 105 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18384 of 2026
                    Arising Out of PS. Case No.-398 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Rajan Kumar S/O Suresh Sah R/O Village- Kanti, P.S- Lalganj, Distt.-
                 Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Rupa Kumari, Advocate
                                                  Mr. Yugal Kishore, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   24-03-2026                      Heard Ms. Rupa Kumari, learned counsel for the

                   petitioner and Mr. Anil Kumar, learned Additional Public

                   Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   25.02.2026 in connection with Ahiyapur P.S. Case No. 398 of

                   2026, F.I.R. dated 24.02.2026 for the offences punishable under

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

                   2022 (amended act).

                                3. Recovery is of 857.52 liters of foreign wine.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the

                   FIR is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.18384 of 2026(2) dt.24-03-2026
                                            2/3




          any offence as alleged in the FIR. He further submits that it

          appears from the F.I.R. as well as seizure list that nothing has

          been recovered from the conscious possession of the petitioner

          rather the recovery of 857.52 liters of foreign wine has been

          made from two tempo in question. He further submits that the

          petitioner has been made accused in this case merely on the

          ground that he is owner of one of the tempo in question. He

          further submits that there is non-compliance of Section 103/105

          of the BNSS, 2023. The petitioner is in custody since

          25.02.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and the petitioner has clean antecedent and there is non-

          compliance of Section 103/105 of the BNSS, 2023, 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 Exclusive

          Special Judge, Excise Court No. - I, Muzaffarpur in connection

          with Ahiyapur P.S. Case No. 398 of 2026, subject to the

          following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.18384 of 2026(2) dt.24-03-2026
                                                        3/3




                       properly represented on each and every date fixed by the court

                       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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