Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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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