Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners, noting procedural non‑compliance and their clean antecedent.
Summary
The petitioners, Niraj Kumar and Ved Prakash Bind, were arrested on 12‑December‑2025 in connection with a case involving the seizure of 800 litres of illicit spirit. They were charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2018, based on an FIR dated 11‑December‑2025. The petitioners contended that the seized liquor was recovered from a pickup van not owned by them, that they have no prior criminal record, and that the police failed to comply with Sections 103 and 105 of the BNSS before filing the charge‑sheet. The Additional Public Prosecutor opposed bail, but the court noted the clean antecedent of the accused and the procedural lapses, and therefore granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of criminal antecedents without delaying the release.
Issues considered
- Whether the petitioners are entitled to bail despite the seizure of 800 litres of illicit spirit.
- Whether non‑compliance of Sections 103 and 105 of the BNSS warrants bail.
- Whether the lack of direct possession of the seized liquor and the petitioners' clean antecedent affect the bail decision.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- excise law
- illegal liquor
- procedural lapse
- criminal antecedent
- Section 103 BNSS
- Section 105 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19345 of 2026
Arising Out of PS. Case No.-339 Year-2025 Thana- TARAIYA District- Saran
======================================================
1. Niraj Kumar S/o- Late Lalchand Gupta Village- Katka kachhwa PS-
Kachhwa District-Mirzapur, UP
2. Ved Prakash Bind S/o- Rampati Bind @ Ram Pati R/v- Katka Medinipur Ps-
Aurai Dist- Bhadohi U.P
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr. Dhananjay Kumar Tiwary, learned
counsel for the petitioners and Ms. Gulnar Begum, learned
Additional Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
12.12.2025 in connection with Taraiya (Sadar Excise) P.S. Case
No. 339 of 2025, F.I.R. dated 11.12.2025 for the offences
punishable under Section 30(a), 41(1) of the Bihar
Prohibition and Excise Act, 2018.
3. Recovery is of 800 liters of illicit spirit.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. He further submits that it appears
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from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioners
rather the recovery has been made from pick up van and
petitioners are not owner of the vehicle in question. He further
submits that there is non-compliance of Section 103 and 105 of
BNSS and police after investigation has submitted charge sheet
and petitioners are in custody since 12.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
the petitioner have clean antecedent and there is non-compliance
of Section 103 and 105 of BNSS, let the petitioners, 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.03, Saran, Chapra in connection with Taraiya (Sadar
Excise) P.S. Case No. 339 of 2025, subject to the following
conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
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reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, 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)
Suruchi/-
U T
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