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Patna High Court

Wakil Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the seizure was not from the petitioner's conscious possession and the prosecution failed to comply with Sections 103 and 105 of the BNSS, 2023.

Summary

Wakil Kumar Yadav was arrested on 21 November 2025 in connection with an excise case involving the seizure of 162 litres of country-made liquor from a white Santro car. He pleaded innocence, arguing that the liquor was not recovered from his conscious possession and that he was merely the driver. The petitioner also contended that the police failed to comply with Sections 103 and 105 of the BNSS, 2023 during the seizure. The State opposed bail, citing three similar pending cases against the petitioner. Considering the lack of conscious possession, procedural lapses, and the petitioner’s cooperation, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions regarding trial attendance, evidence tampering, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted when the seized contraband was not in the accused's conscious possession.
  • Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants bail.
  • Whether the existence of other pending cases against the accused precludes bail.

Legislation cited

Subjects

  • bail
  • excise
  • illegal liquor
  • conscious possession
  • procedural lapse
  • Bihar Prohibition & Excise Act
  • BNSS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18477 of 2026
                      Arising Out of PS. Case No.-774 Year-2025 Thana- Excise P.S. District- Gopalganj
                 ======================================================
                 Wakil Kumar Yadav S/o Sudama Yadav Resident of Village- Gopalpur
                 Bhasahi, P.S.- Kochaikote, Dist.- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :       Mr. Sushil Kumar, Advocate
                 For the State              :       Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

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

                   petitioner and Mr. Shyam Bihari Singh, learned APP for the

                   State.

                                 2. Petitioner seeks bail, who is in custody since

                   21.11.2025, in connection with Excise Gopalganj P.S. Case No.

                   774 of 2025, F.I.R. dated 20.11.2025 registered for the offences

                   punishable under Sections 30(A) and 32 of the Bihar Prohibition

                   & Excise Act, 2018.

                                 3. Recovery is of 162 litres of country made liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely 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 recovery has been
Patna High Court CR. MISC. No.18477 of 2026(2) dt.24-03-2026
                                            2/3




          made from the white Santro car and petitioner has been made

          accused merely on the ground that the petitioner was the driver

          of the vehicle in question and altogether 162 litres of country

          made liquor was recovered from the car in question. He further

          submits that although recovery has beeen made from the car in

          question but there is non-compliance of Sections 103 and 105

          of BNSS, 2023. He further submits that the police after

          investigation submitted chargesheet against the petitioner and

          the petitioner is in custody since 21.11.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for            bail of the

          petitioner and submits that the petitioner carries three more

          cases of similar nature other than the present one.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner and there is non-compliance of

          Sections 103 and 105 of the BNSS, 2023, let the petitioner,

          above named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned District & Sessions

          Judge-IV cum-Executive Special Excise Court-II, Gopalganj in

          connection with Excise Gopalganj P.S. Case No. 774 of 2025,
               Patna High Court CR. MISC. No.18477 of 2026(2) dt.24-03-2026
                                                           3/3




                         subject to the following conditions :-

                                      (1) 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.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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)
Ibrar//-

U          T


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