Patna High Court
NigamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioners subject to bond, sureties and specified conditions.
Summary
The petitioners, Nigam and Surendra, were arrested on 31 January 2026 in connection with a case involving the seizure of 177.255 litres of foreign liquor from a vehicle, alleged under Sections 30(a) and 41(1) of the Bihar Prohibition & Excise Amendment Act, 2022. They argued that no liquor was found in their conscious possession, they have clean antecedents, and that the investigation failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, contending the seriousness of the offence. The High Court, after considering the lack of direct possession, the petitioners' clean record, and the procedural lapses, granted bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, appearance, and no tampering with evidence. The order also directed the lower court to verify the petitioners' criminal antecedents and to cancel bail if any concealment is discovered.
Issues considered
- Whether bail should be granted to the accused in a case of alleged possession of foreign liquor under the Bihar Prohibition & Excise Amendment Act, 2022.
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants denial of bail.
- Whether the absence of liquor in the accused's conscious possession affects the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition
- excise
- foreign liquor
- conscious possession
- criminal antecedent
- BNSS 2023
- sections 103
- sections 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19479 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- GOPALGANJ TOWN District- Gopalganj
======================================================
1. Nigam Son of Subashchandra Resident of Village- Gamdi, Ps- Sadar,
Gohana, Dist- Sonipat, State- Haryana
2. Surendra @surender Son of Dhyanchandra Resident of Village- Gohana, Ps-
Deviprabhok, Dist- Sonipat, state- Haryana
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priya Raj, Advocate
For the State : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Ms. Priya Raj, learned counsel for the
petitioners and Mr. Pradeep Narain Kumar, learned APP for the
State.
2. Petitioners seek bail, who are in custody since
31.01.2026, in connection with Gopalganj Town P.S. Case No.
91 of 2026, F.I.R. dated 30.01.2026 registered for the offences
punishable under Sections 30(a) and 41(1) of the Bihar
Prohibition & Excise Amendment Act, 2022.
3. Recovery is of 177.255 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. She further submits that it
Patna High Court CR. MISC. No.19479 of 2026(2) dt.31-03-2026
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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 petitioners
rather recovery has been made from the vehicle in question and
altogether 177.255 litres of foreign liquor was recovered from
the vehicle in question. She further submits that there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioners are in custody since 31.01.2026.
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 the petitioners having clean antecedents and
nothing has been recovered from the conscious possession of
the petitioners and there is non-compliance of Sections 103 and
105 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 Additional District and Sessions
Judge-XIII cum Special Judge Excise Court No. 1, Gopalganj in
connection with Gopalganj Town P.S. Case No. 91 of 2026,
subject to the following conditions :-
(1) Petitioners shall co-operate in the trial and shall
Patna High Court CR. MISC. No.19479 of 2026(2) dt.31-03-2026
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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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