Patna High Court

Himanshu @ Himanshi @ @ HappyversusThe State of Bihar

Decided: 31 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioners subject to bond and conditions.

Summary

The petitioners, Himanshu and Niraj, were arrested in connection with a seizure of 352.5 litres of illicit foreign liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were unaware of the liquor, were not in possession of it, and that the police seizure did not comply with Section 105 of the BNSS. The State opposed bail, citing the petitioners' prior criminal antecedents. After hearing both sides, the Court found that the petitioners could be released on bail, subject to a bond of Rs.10,000 each with two sureties and the condition of appearing at every trial date. The order granted bail and directed compliance with the stipulated conditions.

Issues considered

Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the seizure of the liquor complied with the procedural requirements of Section 105 of the BNSS.
Whether the petitioners' prior criminal antecedents preclude the grant of bail.

Legislation cited

BNSS — s. 105

Subjects

bail
prohibition law
excise
seizure
criminal antecedent
judicial custody
Section 30(a)
Section 105
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20599 of 2026
                    Arising Out of PS. Case No.-22 Year-2026 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
           1.     Himanshu @ Himanshi @ @ Happy S/O Sanjeev Kumar Resident of
                  village- Bahadurgardh, police station- linepaar, district- Jhajhar, Hariyana.
           2.    Niraj S/O Mahaveer Singh Resident of village- Bahadurgardh, police
                 station- Sadar Bahadurgardh, District- Jhajhar, Hariyana.



                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajiv Ranjan Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   31-03-2026                  Heard learned counsel for the petitioners and the

                   learned APP for the State.

                                2. The petitioners have prayed for bail in connection

                   with Buxar (M) P.S. Case No. 22 of 2026 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   four wheeler altogether 352.5 liters of illicit foreign liquor was

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioners has submitted that petitioners are innocent and have
Patna High Court CR. MISC. No.20599 of 2026(2) dt.31-03-2026
                                            2/3




          committed no offence. They have been falsely implicated in this

          case. He also submits that one of the petitioners was driving the

          said vehicle and another was sitting by the driver. He further

          submits that the petitioners were unaware of the alleged liquor.

          Nothing has been recovered from the possessions of these

          petitioners. He further submits that the witnesses of the seizure

          list are police personnel and the police has not complied with

          Section 105 of the BNSS while making the seizure. Moreover,

          the petitioners are languishing in judicial custody since

          19.01.2026.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioners are having criminal

          antecedent of two cases.

                       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 with the condition

          that the petitioners shall cooperate in trial and shall remain

          physically present on each and every date fixed by the

          learned trial court. 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 learned Exclusive Excise Special
           Patna High Court CR. MISC. No.20599 of 2026(2) dt.31-03-2026
                                                       3/3




                     Court No. 1, Buxar in connection with Buxar (M) P.S. Case No.

                     22 of 2026.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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