Patna High Court
Arbind KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioners subject to specified conditions.
Summary
Arbind Kumar and Abhay Kumar, drivers of a tractor, were arrested on 14 January 2026 after 792 litres of foreign liquor were seized from the vehicle. They were charged under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Amendment Act, 2018. The petitioners argued that the liquor was not in their conscious possession, they were not owners of the tractor, and they have clean antecedents. The State opposed bail, but the court noted the lack of direct possession and the non‑compliance of Section 103 of the BNSS, 2023. Consequently, the court granted bail on a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, appearance, and verification of antecedents.
Issues considered
- Whether bail should be granted when the accused are not in conscious possession of the seized liquor.
- Whether the alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Amendment Act, 2018, justify denial of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- conscious possession
- Section 103 BNSS
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18540 of 2026
Arising Out of PS. Case No.-85 Year-2026 Thana- Excise P.S. District- Jamui
======================================================
1. Arbind Kumar Son of Ramchandra Bhagat R/o Village - Shahpur, P.S. -
Hathauri, Dist. - Muzaffarpur.
2. Abhay Kumar Son of Vishwanath Prasad R/o Village - Mahdaya, P.S. -
Meeanpur, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Pushpendra Kumar Singh, learned
counsel for the petitioners and Mr. Umeshanand Pandit, learned
APP for the State.
2. Petitioners seek bail, who are in custody since
14.01.2026, in connection with Jamui P.S. Case No. 85 of 2026,
F.I.R. dated 13.01.2026 registered for the offences punishable
under Sections 30(a) and 32(3) of the Bihar Prohibition &
Excise Amendment Act, 2018.
3. Recovery is of 792 litres of foreign liquor.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
implicated in the present case. He further submits that it
Patna High Court CR. MISC. No.18540 of 2026(2) dt.24-03-2026
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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 made from the tractor in question and
petitioners are not the owner of the tractor in question. He
further submits that petitioner no. 1 is the driver and petitioner
no. 2 is co-driver of the tractor in question and altogether 792
litres of foreign liquor was recovered from the tractor in
question and there is non-compliance of Section 103 of BNSS,
2023 and the petitioners are in custody since 14.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioners and there is non-compliance of
Sections 103 of the BNSS, 2023, let the petitioners, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Exclusive
Excise Court-II, Jamui in connection with Jamui P.S. Case No.
85 of 2026, subject to the following conditions :-
(1) Petitioners shall co-operate in the trial and shall
Patna High Court CR. MISC. No.18540 of 2026(2) dt.24-03-2026
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be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper 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 petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. 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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