Patna High Court
Wakil Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 103, 105
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
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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//-
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