Patna High Court
Niranjan Kumar @ Sagar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000 and specified conditions.
Summary
The petitioner, Niranjan Kumar, was arrested on 24 December 2025 in connection with a case alleging possession of 122.25 litres of Indian‑made foreign liquor recovered from a vehicle. He was charged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act and Section 303(2) of the Bihar Narcotic and Substances (BNSS) Act, 2023. The petitioner argued that he neither owned nor drove the vehicle, that the liquor was not found in his conscious possession, and that the investigation violated Sections 103 and 105 of the BNSS Act. The prosecution opposed bail. The court, noting the petitioner’s clean antecedent, lack of possession and the alleged procedural lapses, granted bail on a bond of Rs 10,000 with conditions.
Issues considered
- Whether bail should be granted to the petitioner despite the charges under the Bihar Prohibition and Excise Act and BNSS Act
- Whether non‑compliance with Sections 103 and 105 of the BNSS Act warrants bail
- Whether the petitioner’s lack of ownership, control, and conscious possession of the seized liquor justifies bail
Subjects
- bail
- prohibition and excise
- illegal liquor
- procedural lapse
- Section 103
- Section 105
- clean antecedent
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19467 of 2026
Arising Out of PS. Case No.-829 Year-2025 Thana- RAJIVNAGAR District- Patna
======================================================
Niranjan Kumar @ Sagar Singh S/O Sunil Kumar Resident of Village Road
No - 24 Mohalla- Raeev Nagar, P.S- Rajeev Nagar, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr. Raja Ram Mishra, learned counsel for
the petitioner and Mr. Ram Anurag Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
24.12.2025 in connection with Rajeev Nagar P.S. Case No. 829
of 2025, F.I.R. dated 23.12.2025 for the offences punishable
under Section 30(a) and 41 of the Bihar Prohibition and Excise
Act and Section 303(2) of BNS, 2023.
3. Recovery is of 122.25 liters of Indian made foreign
liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
any offence as alleged in the FIR. He further submits that it
Patna High Court CR. MISC. No.19467 of 2026(2) dt.31-03-2026
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appears from the FIR as well as seizure list that nothing has
been recovered from the conscious possession of the petitioner
rather the recovery of 122.25 liters of Indian made foreign
liquor has been made from the vehicle in question. The
petitioner has been made accused merely on the basis of
suspicion and petitioner is neither the owner nor the driver of
the vehicle in question. He further submits that the owner of the
vehicle is one Abhay Kumar Singh and petitioner has no
concern at all with the alleged recovery of the illiict liquor or the
vehicle in question. He further submits that there is non-
compliance of Section 103/105 of the BNSS, 2023. He further
submits that the police after investigation submitted a charge
sheet against the petitioner. The petitioner is in custody since
24.12.2025.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, nothing has been
recovered from the conscious possession of the petitioner,
petitioner is not the owner of the vehicle in question and there is
non-compliance of Section 103/105 of the BNSS, 2023, let the
petitioner, above named, be released on bail on furnishing bail
Patna High Court CR. MISC. No.19467 of 2026(2) dt.31-03-2026
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bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Special Judge
Excise-1, Patna in connection with Rajeev nagar P.S. Case No.
829 of 2025, subject to the following conditions:-
i. 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.
ii. If the petitioner tampers 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, 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)
Vanisha/-
U T
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