Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, directing them to furnish a bond of Rs.10,000 with two sureties each.
Summary
The petitioners, Aman Kumar and Rahul Kumar, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, alleging that no liquor was recovered from them and that the police seizure violated Section 105 of the BNSS. The prosecution claimed that 19.08 litres of foreign liquor were seized from the petitioners. The petitioners argued lack of proper seizure procedure, open‑place recovery, and their clean criminal record, noting they had been in judicial custody since 17‑02‑2026. The State opposed the bail. After hearing both sides, the Court found merit in the petitioners' arguments and ordered that they be released on bail upon furnishing a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to bail despite the alleged seizure of foreign liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the police complied with Section 105 of the BNSS in making the seizure.
- Whether the circumstances of the recovery (open place) affect the bail decision.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- seizure procedure
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18694 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- NANIJOR District- Buxar
======================================================
1. Aman Kumar S/O Kamlesh Singh Resident of Garhani Padriya, P.S-
Charpokhari, District- Bhojpur.
2. Rahul Kumar S/O Hareram @ Bhola Singh Resident of Garhani Padriya,
P.S- Charpokhari, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishal Kumar, Advocate
Ms. Jaya Sonam, Advocate
Mr. Amit Anand, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Nainijore P.S. Case No.11 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise (Amendment) Act.
3. The case of the prosecution, in short, is that from
the possession of these petitioners altogether 19.08 liter of
country made foreign liquor were recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that nothing has been recovered from
the possession of these petitioners. Learned counsel for the
Patna High Court CR. MISC. No.18694 of 2026(2) dt.24-03-2026
2/2
petitioners has further submitted that the witnesses of the
seizure list are police personnel and police have not complied
Section 105 of the BNSS while making seizure. Learned
counsel for the petitioners has further submitted that recovery
has been made from an open place. Learned counsel for the
petitioners has lastly submitted that the petitioners are having no
criminal antecedent and they are in judicial custody since
17.02.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the court
of learned Special Judge, Excise Court no.2, Buxar in
connection with Nainijore P.S. Case No.11 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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