Patna High Court
Rajan KumarversusThe 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
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
- BNSS, 2023 — s. 103, 105
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
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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
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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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