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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.

Summary

Akash Kumar was arrested on 29-12-2025 in connection with a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for possession of 98.28 litres of foreign liquor seized from his house. The petitioner claimed he had no conscious possession of the liquor, was not the absolute owner of the house, and had a clean antecedent, arguing that the FIR and seizure list did not implicate him directly and that Sections 103 and 105 of the BNSS were not complied with. The State opposed bail. The court considered the facts, the lack of direct possession, and the petitioner's claim of false implication, and ordered bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The bail bond was to be accepted without delay for verification of antecedents. The order granted bail subject to the stipulated conditions.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
  • Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS warrants denial of bail.
  • Whether the fact that the seized liquor was recovered from a house not owned by the accused affects the bail decision.

Legislation cited

  • BNSS — s. 103, 105

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • foreign liquor
  • Section 30(a)
  • BNSS
  • Section 103
  • Section 105
  • criminal antecedent
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18446 of 2026
                    Arising Out of PS. Case No.-463 Year-2025 Thana- KOTWA District- East Champaran
                 ======================================================
                 Akash Kumar S/o Suresh Prasad @ Suresh Sah Resident of village - Amwa,
                 P.S.- Kotwa, Distt.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

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

                   the petitioner and Mr. Abhay Kumar Roy, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   29.12.2025 in connection with Kotwa P.S. Case No. 463 of

                   2025, F.I.R. dated 28.12.2025 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 98.28 liters of foreign liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. 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 has been made from house of the petitioner and
Patna High Court CR. MISC. No.18446 of 2026(2) dt.24-03-2026
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          petitioner is not the absolute owner of the house in question. He

          further submits that there is non-compliance of Section 103 and

          105 of BNSS and the petitioner is in custody since 29.12.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       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 Exclusive

          Special Excise Court No.-1, Motihari, East Champaran in

          connection with Kotwa P.S. Case No. 463 of 2025, 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

           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
            Patna High Court CR. MISC. No.18446 of 2026(2) dt.24-03-2026
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                      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)
Suruchi/-

U      T


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